Full Text of HB2000 94th General Assembly
HB2000ham001 94TH GENERAL ASSEMBLY
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Rep. Kenneth Dunkin
Filed: 3/10/2005
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| AMENDMENT TO HOUSE BILL 2000
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| AMENDMENT NO. ______. Amend House Bill 2000 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The School Code is amended by changing Sections | 5 |
| 34-1.02, 34-1.1, 34-2.1, 34-2.2, 34-2.3, 34-2.3a, 34-2.3b, | 6 |
| 34-2.4b, and 34-18 as follows:
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| (105 ILCS 5/34-1.02) (from Ch. 122, par. 34-1.02)
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| Sec. 34-1.02. Educational reform. The General Assembly | 9 |
| hereby finds
and declares that educational reform in school | 10 |
| districts organized under
this Article shall be implemented in | 11 |
| such manner that:
| 12 |
| 1. (blank);
the percentage of entering freshmen who 4 years | 13 |
| later graduate from
12th grade from each high school attendance | 14 |
| center within the district in
each of the 1989-90, 1990-91, | 15 |
| 1991-92, 1992-93 and 1993-94 school years
exceeds by at least | 16 |
| 5% the percentage of similar students graduating from
that high | 17 |
| school attendance center in the immediately preceding school | 18 |
| year;
| 19 |
| 2. (blank);
the average daily student attendance rate | 20 |
| within the district in each of
the 1989-90, 1990-91, 1991-92, | 21 |
| 1992-93 and 1993-94 school years exceeds by
at least 1% the | 22 |
| average daily student attendance rate within the district for
| 23 |
| the immediately preceding school year;
| 24 |
| 3. (blank);
by the conclusion of the 1993-1994 school year, |
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| the percentage of
students within the district failing and not | 2 |
| advancing to the next higher
grade or graduating is at least | 3 |
| 10% less than the percentage of students
within the district | 4 |
| failing and not advancing to the next higher grade or
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| graduating at the conclusion of the 1987-88 school year;
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| 4. on an annual basis, each attendance center within the | 7 |
| district
makes significant progress toward meeting and | 8 |
| exceeding State performance
standards in reading, writing, | 9 |
| mathematics, and other State mandated learning
areas, | 10 |
| including the mastery of higher
order thinking skills in these | 11 |
| learning areas. Significant annual progress
toward meeting and | 12 |
| exceeding State performance standards shall occur for all
| 13 |
| students regardless of race, ethnicity, gender, or income | 14 |
| status, based on the
expectation that these subgroups shall | 15 |
| meet and exceed State performance
standards. Annual objectives | 16 |
| for significant progress and timeframes during
which the | 17 |
| students' performance overall and as measured within subgroups | 18 |
| will
meet and exceed State performance standards shall be | 19 |
| specified in
the school improvement plan required in Section | 20 |
| 34-2.4; and
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| 5. appropriate improvement and progress are realized each | 22 |
| school year in
each attendance center within the district, when | 23 |
| compared to the
performance of such attendance center during | 24 |
| the immediately preceding
school year, in advancing toward and | 25 |
| achieving the objectives established
in this Section and in the | 26 |
| attendance center's school improvement plan
by paragraphs 1 | 27 |
| through 4 of this Section .
| 28 |
| (Source: P.A. 88-686, eff. 1-24-95.)
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| (105 ILCS 5/34-1.1) (from Ch. 122, par. 34-1.1)
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| Sec. 34-1.1. Definitions. As used in this Article:
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| "Academic Accountability Council" means the Chicago | 32 |
| Schools Academic
Accountability Council created under Section | 33 |
| 34-3.4.
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| "Local School Council" means a local school council | 2 |
| established
under Section 34-2.1.
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| "School" and "attendance center" are used interchangeably | 4 |
| to mean any
attendance center operated pursuant to this Article | 5 |
| and under the direction
of one principal.
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| "Secondary Attendance Center" means a school which has | 7 |
| students enrolled
in grades 9 through 12 (although it may also | 8 |
| have students enrolled
in grades below grade 9).
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| "Local Attendance Area School" means a school which has a | 10 |
| local
attendance area established by the board.
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| "Multi-area school" means a school other than a local | 12 |
| attendance area school.
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| "Parent" means a parent or legal guardian of an enrolled | 14 |
| student of an
attendance center.
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| "Guardian" means someone who has legal custody of a student | 16 |
| as defined in subdivision (2) of subsection (a) of Section | 17 |
| 10-20.12b of this Code.
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| "Community resident" means a person, 18 years of age or | 19 |
| older,
residing within an attendance area served by a school,
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| excluding any person who is a parent of a student enrolled in | 21 |
| that
school; provided that with respect to any multi-area | 22 |
| school, community
resident means any person, 18 years of age or | 23 |
| older, residing within the
voting district established for that | 24 |
| school pursuant to Section 34-2.1c,
excluding any person who is | 25 |
| a parent of a student enrolled in that school.
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| "School staff" means all certificated and uncertificated | 27 |
| school
personnel, including all teaching and administrative | 28 |
| staff (other than the
principal) and including all custodial, | 29 |
| food service and other civil
service employees, who are | 30 |
| employed at and assigned to perform the majority
of their | 31 |
| employment duties at one attendance center served by the same
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| local school council.
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| "Regular meetings" means the meeting dates established by | 34 |
| the local
school council at its annual organizational meeting.
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| "Small School" means a school that was formed pursuant to | 2 |
| the Request for Proposals issued by the board in 1995 pursuant | 3 |
| to Resolution No. 95-0829-RS2.
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| (Source: P.A. 88-511; 89-15, eff. 5-30-95.)
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| (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
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| Sec. 34-2.1. Local School Councils - Composition - | 7 |
| Voter-Eligibility
- Elections - Terms.
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| (a) Composition. A local school council shall be | 9 |
| established for each attendance
center within the school | 10 |
| district. Each local school council shall
consist of the | 11 |
| following 11 voting members: the principal of the
attendance | 12 |
| center, 2 teachers employed and assigned to perform the
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| majority of their employment duties at the attendance center | 14 |
| (appointed as provided in subsection (l) of this Section) , and
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| 6 parents of
students currently enrolled at the attendance | 16 |
| center and 2 community
residents (elected as provided in | 17 |
| subsection (d) of this Section) . Neither the parents nor the | 18 |
| community residents who serve as
members of the local school | 19 |
| council shall be employees of the Board of
Education. In each | 20 |
| secondary attendance center, the local school council
shall | 21 |
| consist of 12 voting members -- the 11 voting members described | 22 |
| above
and one full-time student member, appointed as provided | 23 |
| in subsection
(m) below.
In the event that the chief executive | 24 |
| officer of the Chicago School Reform
Board of Trustees | 25 |
| determines that a local school council is not carrying out
its | 26 |
| financial duties effectively, the chief executive officer is | 27 |
| authorized to
appoint a representative of the business | 28 |
| community with experience in finance
and management
to serve as | 29 |
| an advisor to the local school council for
the purpose of | 30 |
| providing advice and assistance to the local school council on
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| fiscal matters.
The advisor shall have access to relevant | 32 |
| financial records of the
local school council. The advisor may | 33 |
| attend executive sessions.
The chief executive officer shall
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| issue a written policy defining the circumstances under which a | 2 |
| local school
council is not carrying out its financial duties | 3 |
| effectively.
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| (b) Within 7 days of January 11, 1991, the Mayor shall | 5 |
| appoint the
members and officers (a Chairperson who shall be a | 6 |
| parent member and a
Secretary) of each local school council who | 7 |
| shall hold their offices until
their successors shall be | 8 |
| elected and qualified. Members so appointed shall
have all the | 9 |
| powers and duties of local school councils as set forth in
this | 10 |
| amendatory Act of 1991. The Mayor's appointments shall not | 11 |
| require
approval by the City Council. The membership of each | 12 |
| local school council shall be encouraged to be
reflective of | 13 |
| the racial and ethnic composition of the student population
of | 14 |
| the attendance center served by the local school council.
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| (c) Timing. In
Beginning with the 1995-1996 school year and | 16 |
| in every even-numbered
year thereafter , the Board shall set | 17 |
| second semester Parent Report Card
Pick-up Day for Local School | 18 |
| Council elections and may schedule elections at
year-round | 19 |
| schools for the same dates as the remainder of the school | 20 |
| system.
Elections shall be
conducted as provided herein by the | 21 |
| Board of Education in consultation with
the local school | 22 |
| council at each attendance center.
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| (c-5) Nominations and publicity. | 24 |
| (1) The local school council shall publicize the date and | 25 |
| place of the election by posting notices at the attendance | 26 |
| center, in public places within the attendance boundaries of | 27 |
| the attendance center, and by distributing notices to the | 28 |
| pupils at the attendance center and shall use any other means | 29 |
| as it deems necessary to maximize the involvement of all | 30 |
| eligible voters. The Board shall timely publicize the elections | 31 |
| citywide and otherwise encourage maximum candidate and voter | 32 |
| turnout. | 33 |
| (2) The local school council shall publicize the opening of | 34 |
| nominations by posting notices at the attendance center, in |
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| public places within the attendance boundaries of the | 2 |
| attendance center, and by distributing notices to the pupils at | 3 |
| the attendance center and shall use any other means as it deems | 4 |
| necessary to maximize the involvement of all eligible voters. | 5 |
| The Board shall timely publicize the opening of nominations | 6 |
| city wide and otherwise encourage maximum candidate | 7 |
| participation. | 8 |
| (3) Not less than 2 weeks before the election date, persons | 9 |
| eligible to run for the local school council shall submit their | 10 |
| name, date of birth, social security number, if available, and | 11 |
| some evidence of eligibility to the council. The local school | 12 |
| council shall encourage the nomination of candidates | 13 |
| reflecting the racial and ethnic population of the students at | 14 |
| the attendance center. Each person nominated who runs as a | 15 |
| candidate shall disclose, in a manner determined by the Board, | 16 |
| any economic interest held by the person, by the person's | 17 |
| spouse or children, or by each business entity in which the | 18 |
| person has an ownership interest, in any contract with the | 19 |
| Board, any local school council, or any public school in the | 20 |
| school district. Each person nominated who runs as a candidate | 21 |
| shall also disclose, in a manner determined by the Board, | 22 |
| whether he or she has ever been convicted of any of the | 23 |
| offenses specified in subsection (c) of Section 34-18.5 of this | 24 |
| Code, provided that neither this provision nor any other | 25 |
| provision of this Section shall be deemed to require the | 26 |
| disclosure of any information that is contained in any law | 27 |
| enforcement record or juvenile court record that is | 28 |
| confidential or whose accessibility or disclosure is | 29 |
| restricted or prohibited under Section 5-901 or 5-905 of the | 30 |
| Juvenile Court Act of 1987. Failure to make such disclosures | 31 |
| shall render a person ineligible for election to or service on | 32 |
| the local school council. The same disclosures shall be | 33 |
| required of persons under consideration for appointment to the | 34 |
| local school council pursuant to subsections (l) and (m) of |
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| this Section. At least one week before the election date, the | 2 |
| local school council shall publicize, in the manner provided in | 3 |
| paragraph (1) of this subsection (c-5), the names of persons | 4 |
| nominated for election.
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| (d) Voting procedures. The
Beginning with the 1995-96 | 6 |
| school year, the following
procedures shall apply to the | 7 |
| election of local school council members at each
attendance | 8 |
| center:
| 9 |
| (i) The elected members of each local school council | 10 |
| shall consist of
the 6 parent members and the 2 community | 11 |
| resident members .
(ii) Each elected member shall be elected | 12 |
| by the eligible voters of
that attendance center to serve | 13 |
| for a two-year term
commencing on July 1
immediately | 14 |
| following the election described in subsection
(c). | 15 |
| Eligible
voters for each attendance center shall consist of | 16 |
| the parents and community
residents for that attendance | 17 |
| center.
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| (ii) Eligible voters in multi-district attendance | 19 |
| centers shall be determined by the Board pursuant to | 20 |
| Section 34-2.1c of this Code.
| 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.
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| (iv) Each parent voter shall be entitled to vote in the | 26 |
| local
school
council election at each attendance center in | 27 |
| which he or she has a child
currently enrolled. Each | 28 |
| community resident voter shall be entitled to
vote in the | 29 |
| local school council election at each attendance center for
| 30 |
| which he or she resides in the applicable attendance area | 31 |
| or voting
district, as the case may be.
| 32 |
| (v) Each eligible voter shall be entitled to vote once, | 33 |
| but
not more
than once, in the local school council | 34 |
| election at each attendance center
at which the voter is |
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| eligible to vote.
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| (vi) Voting shall be in person by secret ballot at the | 3 |
| attendance center between the hours of 6:00 a.m. and 7:00 | 4 |
| p.m.
The 2 teacher members of each local school council
| 5 |
| shall be
appointed as provided in subsection (l) below each | 6 |
| to serve for a
two-year
term coinciding with that of the | 7 |
| elected parent and community resident
members.
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| (vii) After notice to the public and opportunity for | 9 |
| public input, the Board may promulgate such other rules for | 10 |
| election procedures as may be deemed necessary to ensure | 11 |
| fair elections.
At secondary attendance centers, the | 12 |
| voting 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 |
| (e) (Blank).
The Council shall publicize the date and place | 17 |
| of the election by
posting notices at the attendance center, in | 18 |
| public places within the
attendance boundaries of the | 19 |
| attendance center and by distributing notices
to the pupils at | 20 |
| the attendance center, and shall utilize such other means
as it | 21 |
| deems necessary to maximize the involvement of all eligible | 22 |
| voters.
| 23 |
| (f) (Blank).
Nomination. The Council shall publicize the | 24 |
| opening of nominations
by posting notices at the attendance | 25 |
| center, in public places within the
attendance boundaries of | 26 |
| the attendance center and by distributing notices
to the pupils | 27 |
| at the attendance center, and shall utilize such other means
as | 28 |
| it deems necessary to maximize the involvement of all eligible | 29 |
| voters.
Not less than 2 weeks before the election date, persons | 30 |
| eligible to run for
the Council shall submit their name,
date | 31 |
| of birth, social
security number, if
available,
and some | 32 |
| evidence of eligibility
to the Council. The Council shall | 33 |
| encourage nomination of candidates
reflecting the | 34 |
| racial/ethnic population of the students at the attendance
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| center. Each person nominated who runs as a candidate shall | 2 |
| disclose, in a
manner determined by the Board, any economic | 3 |
| interest held by such person,
by such person's spouse or | 4 |
| children, or by each business entity in which
such person has | 5 |
| an ownership interest, in any contract with the Board, any
| 6 |
| local school council or any public school in the school
| 7 |
| district.
Each person
nominated who runs as a candidate shall | 8 |
| also disclose, in a manner determined
by the Board, if he or | 9 |
| she ever has been convicted of any of the offenses
specified in | 10 |
| subsection (c) of Section 34-18.5; provided that neither this
| 11 |
| provision nor any other provision of this Section shall be | 12 |
| deemed to require
the disclosure of any information that is | 13 |
| contained in any law enforcement
record or juvenile court | 14 |
| record that is confidential or whose accessibility or
| 15 |
| disclosure is restricted or prohibited under Section 5-901 or
| 16 |
| 5-905 of the Juvenile
Court Act of 1987.
Failure to make such | 17 |
| disclosure shall render a person ineligible
for election or to | 18 |
| serve on the local school council. The same
disclosure shall be
| 19 |
| required of persons under consideration for appointment to the | 20 |
| Council
pursuant to subsections (l) and (m) of this Section.
| 21 |
| (f-5) (Blank).
Notwithstanding disclosure, a person who | 22 |
| has been convicted of any
of
the
following offenses at any time | 23 |
| shall be ineligible for election or appointment
to a local
| 24 |
| school council and ineligible for appointment to a local school | 25 |
| council
pursuant to
subsections (l) and (m) of this Section: | 26 |
| (i) those defined in Section 11-6,
11-9.1, 11-16,
11-17.1, | 27 |
| 11-19, 11-19.1, 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, | 28 |
| 12-15, or
12-16 of the
Criminal Code of 1961 or (ii) any | 29 |
| offense committed or attempted in any other
state or
against | 30 |
| the laws of the United States, which, if committed or attempted | 31 |
| in this
State,
would have been punishable as one or more of the | 32 |
| foregoing offenses.
Notwithstanding
disclosure, a person who | 33 |
| has been convicted of any of the following offenses
within the
| 34 |
| 10 years previous to the date of nomination or appointment |
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| shall be ineligible
for election or
appointment to a local | 2 |
| school council:
(i) those defined in Section 401.1, 405.1, or | 3 |
| 405.2 of the Illinois Controlled
Substances Act or (ii) any
| 4 |
| offense committed
or attempted in any other state or against | 5 |
| the laws of the United States,
which, if
committed or attempted | 6 |
| in this State, would have been punishable as one or more
of the
| 7 |
| foregoing offenses.
| 8 |
| Immediately upon election or appointment, incoming local | 9 |
| school
council members
shall be
required to undergo a criminal | 10 |
| background investigation, to be completed prior
to the member | 11 |
| taking office,
in order to identify
any criminal convictions | 12 |
| under the offenses enumerated in Section 34-18.5.
The | 13 |
| investigation shall be conducted by the Department of State | 14 |
| Police in the
same manner as provided for in Section 34-18.5. | 15 |
| However, notwithstanding
Section 34-18.5, the social security | 16 |
| number shall be provided only if
available.
If it is determined | 17 |
| at any time that a local school council member or
member-elect | 18 |
| has been convicted
of any of the offenses enumerated in this | 19 |
| Section or failed to disclose a
conviction of any of the | 20 |
| offenses enumerated in Section 34-18.5, the general
| 21 |
| superintendent shall notify the local school council member or | 22 |
| member-elect of
such
determination and the local school council | 23 |
| member or member-elect shall be
removed from the
local school | 24 |
| council by the Board, subject to a hearing,
convened pursuant | 25 |
| to Board rule, prior to removal.
| 26 |
| (g) (Blank).
At least one week before the election date, | 27 |
| the Council shall
publicize, in the manner provided in | 28 |
| subsection (e), the names of persons
nominated for election.
| 29 |
| (h) (Blank).
Voting shall be in person by secret ballot at | 30 |
| the attendance center
between the hours of 6:00 a.m. and 7:00 | 31 |
| p.m.
| 32 |
| (i) Election results and post-election procedures. | 33 |
| (1) Candidates receiving the highest number of votes shall | 34 |
| be declared
elected by the Council. In cases of a tie, the |
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| Council shall determine the
winner by lot.
| 2 |
| (2) The local school council shall certify the results of | 3 |
| the election and shall publish the results in the minutes of | 4 |
| the council. | 5 |
| (3) The general superintendent of schools shall resolve any | 6 |
| disputes concerning election procedure or results and shall | 7 |
| ensure that, except as provided in subsection (c-5) of this | 8 |
| Section, no resources of any attendance center are used to | 9 |
| endorse or promote any candidate, provided that any elected | 10 |
| local school council or local school council member who has | 11 |
| been challenged but whose challenge has not been resolved prior | 12 |
| to the first scheduled meeting after the election shall take | 13 |
| office pending resolution of the challenge. | 14 |
| (4) If, pursuant to Board rule, a written challenge is | 15 |
| timely made to a local school council election on the grounds | 16 |
| that there were substantial and uncured violations such that | 17 |
| the entire election should be voided, the Board shall hold a | 18 |
| hearing on the charges within 14 days after receipt of the | 19 |
| challenge. All persons who were candidates in the challenged | 20 |
| election and any witnesses to the alleged violations that have | 21 |
| been identified in the challenge shall be given notice of the | 22 |
| hearing and a copy of the challenge by certified mail, which | 23 |
| shall be mailed at least 7 days before the hearing. The hearing | 24 |
| officer shall render a decision in the matter no later than 7 | 25 |
| days after the hearing. Any appeal to the Board of the hearing | 26 |
| officer's decision shall be filed with the Board within 7 days | 27 |
| after the decision, and a decision on the appeal shall be | 28 |
| rendered by the Board within 7 days after the filing of the | 29 |
| appeal. If the decision of the hearing officer is that a new | 30 |
| election is required, the new election shall be scheduled | 31 |
| before the end of the school year of the year in which the | 32 |
| challenged election took place. | 33 |
| (5) If (A) a new election is required pursuant to a | 34 |
| challenge of the type described in paragraph (4) of this |
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| subsection (i), but the new election has not been held nor the | 2 |
| results certified prior to the first day of July after a | 3 |
| regularly scheduled election, or (B) there is no election | 4 |
| scheduled within 3 months after the number of local school | 5 |
| council members falls below the number necessary for a quorum, | 6 |
| or (C) a new school is established, then the Board shall hold a | 7 |
| special local school council election for the attendance center | 8 |
| as soon as possible. The special election need not be scheduled | 9 |
| to coincide with a report card pick-up day. | 10 |
| (6) If less than the specified number of persons is elected | 11 |
| within each candidate category, the newly elected local school | 12 |
| council shall appoint eligible persons to serve as members of | 13 |
| the council for 2-year terms. | 14 |
| (7) In the event that a vacancy occurs during a member's | 15 |
| term, the local school council shall appoint a person eligible | 16 |
| to serve on the council to fill the unexpired term created by | 17 |
| the vacancy, except that any teacher vacancy shall be filled by | 18 |
| the Board after considering the preferences of the school staff | 19 |
| as ascertained through a non-binding advisory poll of school | 20 |
| staff.
| 21 |
| (j) (Blank).
The Council shall certify the results of the | 22 |
| election and shall
publish the results in the minutes of the | 23 |
| Council.
| 24 |
| (k) (Blank).
The general superintendent shall resolve any
| 25 |
| disputes
concerning election procedure or results and shall | 26 |
| ensure that, except as
provided in subsections (e) and (g), no | 27 |
| resources of any attendance center
shall be used to endorse or | 28 |
| promote any candidate.
| 29 |
| (l) Teacher members. In
Beginning with the 1995-1996 school | 30 |
| year
and in every
even numbered
year thereafter , the Board | 31 |
| shall appoint 2 teacher
members to each
local school council , | 32 |
| each to serve a 2-year term coinciding with that of the elected | 33 |
| parent and community resident members . These appointments | 34 |
| shall be made in the following
manner:
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| (i) The Board shall appoint 2 teachers who are
employed | 2 |
| and assigned to
perform the majority of
their employment | 3 |
| duties at the attendance center
to serve on the local | 4 |
| school council of the attendance center for a two-year
term | 5 |
| coinciding with the terms of the elected parent and
| 6 |
| community members of that local school council. These
| 7 |
| appointments shall be made from among those teachers who | 8 |
| are nominated in
accordance with subsection (c)
(f) .
| 9 |
| (ii) A non-binding, advisory poll to ascertain the
| 10 |
| preferences of the
school staff regarding appointments of | 11 |
| teachers to the local school council
for that attendance | 12 |
| center shall be conducted in accordance with the
procedures | 13 |
| used to elect parent and community Council | 14 |
| representatives. At
such poll, each member of the school | 15 |
| staff shall be entitled to indicate
his or her preference | 16 |
| for up to 2 candidates from among those who submitted
| 17 |
| statements of candidacy as described above. These | 18 |
| preferences shall be
advisory only and the Board shall | 19 |
| maintain absolute discretion to appoint
teacher members to | 20 |
| local school councils, irrespective of the preferences
| 21 |
| expressed in any such poll.
| 22 |
| (iii) In the event that a teacher representative is | 23 |
| unable to perform
his or her employment duties at the | 24 |
| school due to illness, disability, leave of
absence, | 25 |
| disciplinary action, or any other reason, the Board shall | 26 |
| declare
a temporary vacancy and appoint a replacement | 27 |
| teacher representative to serve
on the local school council | 28 |
| until such time as the teacher member originally
appointed | 29 |
| pursuant to this subsection (l) resumes service at the | 30 |
| attendance
center or for the remainder of the term. The | 31 |
| replacement teacher
representative shall be appointed in | 32 |
| the same manner and by the same procedures
as teacher | 33 |
| representatives are appointed in subdivisions (i) and (ii) | 34 |
| of this
subsection (l).
|
|
|
|
09400HB2000ham001 |
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LRB094 02824 NHT 43379 a |
|
| 1 |
| (m) Student members. Each year,
Beginning with the | 2 |
| 1995-1996 school year, and in every
year thereafter, the Board | 3 |
| shall appoint one student member to each
secondary attendance | 4 |
| center for a one-year term to coincide with the beginning of | 5 |
| the terms of the elected parent and community resident members | 6 |
| of the local school council . These appointments shall be made | 7 |
| in the
following manner:
| 8 |
| (i) Appointments shall be made from among those | 9 |
| students who submit
statements of candidacy to the | 10 |
| principal of the attendance center, such
statements to be | 11 |
| submitted commencing on the first day of the twentieth
week | 12 |
| of school and
continuing for 2 weeks thereafter. The form | 13 |
| and manner of such candidacy
statements shall be determined | 14 |
| by the Board.
| 15 |
| (ii) During the twenty-second week of school in every | 16 |
| year,
the principal of
each attendance center shall conduct | 17 |
| a non-binding, advisory poll to
ascertain the preferences | 18 |
| of the school students regarding the appointment
of a | 19 |
| student to the local school council for that attendance | 20 |
| center. At
such poll, each student shall be entitled to | 21 |
| indicate his or her preference
for up to one candidate from | 22 |
| among those who submitted statements of
candidacy as | 23 |
| described above. The Board shall promulgate rules to ensure
| 24 |
| that these non-binding, advisory polls are conducted in a | 25 |
| fair and
equitable manner and maximize the involvement of | 26 |
| all school students. The
preferences expressed in these | 27 |
| non-binding, advisory polls shall be
transmitted by the | 28 |
| principal to the Board. However, these preferences
shall be | 29 |
| advisory only and the Board shall maintain absolute | 30 |
| discretion to
appoint student members to local school | 31 |
| councils, irrespective of the
preferences expressed in any | 32 |
| such poll.
| 33 |
| (iii) (Blank).
For the 1995-96 school year only, | 34 |
| appointments shall be made from
among those students who |
|
|
|
09400HB2000ham001 |
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LRB094 02824 NHT 43379 a |
|
| 1 |
| submitted statements of candidacy to the principal
of the | 2 |
| attendance center during the first 2 weeks of the school | 3 |
| year.
The
principal shall communicate the results of any | 4 |
| nonbinding, advisory poll to the
Board. These results shall | 5 |
| be advisory only, and the Board shall maintain
absolute | 6 |
| discretion to appoint student members to local school | 7 |
| councils,
irrespective of the preferences expressed in any | 8 |
| such poll.
| 9 |
| (n) (Blank).
The Board may promulgate such other rules and | 10 |
| regulations for
election procedures as may be deemed necessary | 11 |
| to ensure fair elections.
| 12 |
| (o) (Blank).
In the event that a vacancy occurs during a | 13 |
| member's term, the
Council shall appoint a person eligible to | 14 |
| serve on the Council, to fill
the unexpired term created by the | 15 |
| vacancy, except that any teacher vacancy
shall be filled by the | 16 |
| Board after considering the preferences of the school
staff as | 17 |
| ascertained through a non-binding advisory poll of school | 18 |
| staff.
| 19 |
| (p) (Blank).
If less than the specified number of persons | 20 |
| is elected within each
candidate category, the newly elected | 21 |
| local school council shall appoint
eligible persons to serve as | 22 |
| members of the Council for two-year terms.
| 23 |
| (q) Conflicts of interest. The Board shall promulgate rules | 24 |
| regarding conflicts of interest
and disclosure of economic | 25 |
| interests which shall apply to local school
council members and | 26 |
| which shall require reports or statements to be filed
by | 27 |
| Council members at regular intervals with the Secretary of the
| 28 |
| Board. Failure to comply with such rules
or intentionally | 29 |
| falsifying such reports shall be grounds for
disqualification | 30 |
| from local school council membership. A vacancy on the
Council | 31 |
| for disqualification may be so declared by the Secretary of the
| 32 |
| Board. Rules regarding conflicts of interest and disclosure of
| 33 |
| economic interests promulgated by the Board shall apply to | 34 |
| local school council
members. No less than 45 days prior to the |
|
|
|
09400HB2000ham001 |
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LRB094 02824 NHT 43379 a |
|
| 1 |
| deadline, the general
superintendent shall provide notice, by | 2 |
| mail, to the home address of each local school council
member | 3 |
| of all requirements and forms for compliance with economic | 4 |
| interest
statements.
| 5 |
| (q-5) Ineligibility based on criminal conviction. | 6 |
| Notwithstanding disclosure, a person who has been convicted of | 7 |
| any of the following offenses at any time shall be ineligible | 8 |
| for election or appointment to a local school council pursuant | 9 |
| to subsections (l) and (m) of this Section: | 10 |
| (1) Those offenses defined in Section 11-6, 11-9.1, | 11 |
| 11-16, 11-17.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 12-13, | 12 |
| 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of | 13 |
| 1961. | 14 |
| (2) Any offense committed or attempted in any other | 15 |
| state or against the laws of the United States, which, if | 16 |
| committed or attempted in this State, would have been | 17 |
| punishable as one or more of the offenses in subdivision | 18 |
| (1) of this subsection (q-5). | 19 |
| Notwithstanding disclosure, a person who has been | 20 |
| convicted of any of the following offenses within the 10 years | 21 |
| previous to the date of nomination or appointment shall be | 22 |
| ineligible for election or appointment to a local school | 23 |
| council: | 24 |
| (A) Those offenses defined in Section 401.1, 405.1, or | 25 |
| 405.2 of the Illinois Controlled Substances Act. | 26 |
| (B) Any offense committed or attempted in any other | 27 |
| state or against the laws of the United States, which, if | 28 |
| committed or attempted in this State, would have been | 29 |
| punishable as one or more of the offenses in subdivision | 30 |
| (A) of this subsection (q-5). | 31 |
| Immediately upon election or appointment, incoming local | 32 |
| school council parent and community resident members shall be | 33 |
| required to undergo a criminal background investigation in | 34 |
| order to identify any criminal convictions under the offenses |
|
|
|
09400HB2000ham001 |
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LRB094 02824 NHT 43379 a |
|
| 1 |
| enumerated in Section 34-18.5 of this Section. The | 2 |
| investigation shall be conducted by the Department of State | 3 |
| Police in the same manner as provided for in Section 34-18.5. | 4 |
| However, notwithstanding Section 34-18.5, the social security | 5 |
| number shall be provided only if available. The newly elected | 6 |
| or appointed local school council member must not be charged a | 7 |
| fee for the investigation. The Department shall furnish, | 8 |
| pursuant to positive identification, records of convictions | 9 |
| only to the general superintendent of schools and the newly | 10 |
| appointed or elected local school council member. Such | 11 |
| information shall be considered confidential, and the general | 12 |
| superintendent of schools may furnish such information only to | 13 |
| the principals of the attendance centers to which the local | 14 |
| school council members were elected or appointed and the | 15 |
| council members who are the subject of the information. Any | 16 |
| person who releases any confidential information concerning | 17 |
| the criminal convictions of a local school council member or | 18 |
| member-elect shall be guilty of a Class A misdemeanor, unless | 19 |
| the release of that information is authorized by this Section. | 20 |
| If it is determined at any time that a local school council | 21 |
| member or member-elect has been convicted of any of the | 22 |
| offenses enumerated in this Section or failed to disclose a | 23 |
| conviction of any of the offenses enumerated in Section 34-18.5 | 24 |
| of this Code, the general superintendent of schools shall | 25 |
| notify the local school council member or member-elect of that | 26 |
| determination and the local school council member or | 27 |
| member-elect shall be removed from the local school council by | 28 |
| the Board, subject to a hearing, if the local school council | 29 |
| member or member-elect asks for a hearing, convened pursuant to | 30 |
| Board rule, prior to removal.
| 31 |
| (r) Termination of eligibility. | 32 |
| (1) If a parent member of a local school council ceases to | 33 |
| have any
child
enrolled in the attendance center governed by | 34 |
| the Local School Council due to
the graduation or voluntary |
|
|
|
09400HB2000ham001 |
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LRB094 02824 NHT 43379 a |
|
| 1 |
| transfer of a child or children from the attendance
center, the | 2 |
| parent's membership on the Local School Council and all voting
| 3 |
| rights are terminated immediately as of the end of the school | 4 |
| year
date of the child's graduation or
voluntary transfer , | 5 |
| provided that if the parent makes a good faith showing to the | 6 |
| Council that the parent's eligibility based on attendance of | 7 |
| his or her child at the attendance center should not be | 8 |
| revoked, then, upon vote of the Council, the parent is entitled | 9 |
| to the hearing described in this subsection (r) . Further,
a | 10 |
| local school council member may be removed from the Council by | 11 |
| a
majority vote of the Council as provided in subsection (c) of | 12 |
| Section
34-2.2 if the Council member has missed 3 consecutive | 13 |
| regular meetings, not
including committee meetings, or 5 | 14 |
| regular meetings in a 12 month period,
not including committee | 15 |
| meetings.
If a parent member of a local school council ceases | 16 |
| to be eligible to serve
on the Council for any other reason, he | 17 |
| or she shall be removed by the Board
subject
to a hearing, | 18 |
| convened pursuant to Board rule, prior to removal.
A vote to | 19 |
| remove a Council member by the local school council shall
only | 20 |
| be valid if the Council member has been notified personally or | 21 |
| by
certified mail, mailed to the person's last known address, | 22 |
| of the Council's
intent to vote on the Council member's removal | 23 |
| at least 7 days prior to the
vote. The Council member in | 24 |
| question shall have the right to explain
his or her actions and | 25 |
| shall be eligible to vote on the
question of his or her removal | 26 |
| from the Council. The provisions of this
subsection shall be | 27 |
| contained within the petitions used to nominate Council
| 28 |
| candidates.
| 29 |
| (2) A person may continue to serve as a community resident | 30 |
| member of a
local
school council as long as he or she resides | 31 |
| in the attendance area served by
the
school and is not employed | 32 |
| by the Board nor is a parent of a student enrolled
at the | 33 |
| school. If a community resident member ceases to be eligible to | 34 |
| serve
on the Council, he or she shall be removed by the Board |
|
|
|
09400HB2000ham001 |
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LRB094 02824 NHT 43379 a |
|
| 1 |
| subject to a hearing,
convened pursuant to Board rule, prior to | 2 |
| removal.
| 3 |
| (3) A person may continue to serve as a teacher member of a | 4 |
| local school
council as long as he or she is employed and | 5 |
| assigned to perform a majority of
his or her duties at the | 6 |
| school, provided that if the teacher representative
resigns | 7 |
| from employment with the Board or
voluntarily transfers to | 8 |
| another school, the teacher's membership on the local
school | 9 |
| council and all voting rights are terminated immediately as of | 10 |
| the date
of the teacher's resignation or upon the date of the | 11 |
| teacher's voluntary
transfer to another school. If a teacher | 12 |
| member of a local school council
ceases to be eligible to serve | 13 |
| on a local school council for any other reason,
that member | 14 |
| shall be removed by the Board subject to a hearing, convened
| 15 |
| pursuant to Board rule, prior to removal.
| 16 |
| (4) A determination of ineligibility of any local school | 17 |
| council member shall not serve to invalidate any council action | 18 |
| made with the participation of the ineligible member prior to | 19 |
| the final determination of ineligibility.
| 20 |
| (Source: P.A. 90-378, eff. 8-14-97; 90-590, eff. 1-1-00; | 21 |
| 91-622, eff.
8-19-99; 91-728, eff. 6-2-00.)
| 22 |
| (105 ILCS 5/34-2.2) (from Ch. 122, par. 34-2.2)
| 23 |
| Sec. 34-2.2. Local school councils - Manner of operation.
| 24 |
| (a) The annual organizational meeting of each local school | 25 |
| council
shall be held at the attendance center. At the annual | 26 |
| organization meeting,
which shall be held no sooner than July 1 | 27 |
| and no later than July 14, a parent
member of the local school | 28 |
| council shall be selected by the members of such
council as its | 29 |
| chairperson, and a secretary shall be selected by the members | 30 |
| of
such council from among their number, each to serve a term | 31 |
| of one year.
Whenever a vacancy in the office of chairperson or | 32 |
| secretary of a local school
council shall occur, a new | 33 |
| chairperson (who shall be a parent member) or
secretary, as the |
|
|
|
09400HB2000ham001 |
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LRB094 02824 NHT 43379 a |
|
| 1 |
| case may be, shall be elected by the members of the local
| 2 |
| school council from among their number to serve as such
| 3 |
| chairperson or secretary for the unexpired term of office in | 4 |
| which the
vacancy occurs. At each annual organizational | 5 |
| meeting, the time and
place of any regular meetings of the | 6 |
| local school council shall be fixed.
Special meetings of the | 7 |
| local school council may be called by the
chairperson or by any | 8 |
| 4 members by giving notice thereof in writing,
specifying the | 9 |
| time, place and purpose of the meeting. Public notice of
| 10 |
| meetings shall also be given in accordance with the Open | 11 |
| Meetings Act.
| 12 |
| (b) Members and officers of the local school council shall | 13 |
| serve
without compensation and without reimbursement of any | 14 |
| expenses incurred in
the performance of their duties, except | 15 |
| that the board of education may by
rule establish a procedure | 16 |
| and thereunder provide for reimbursement of
members and | 17 |
| officers of local school councils for such of their reasonable
| 18 |
| and necessary expenses (excluding any lodging or meal expenses) | 19 |
| incurred in
the performance of their duties as the board may | 20 |
| deem appropriate.
| 21 |
| (c) A majority of the full membership of the local school | 22 |
| council
shall constitute a quorum, and whenever a vote is taken | 23 |
| on any measure
before the local school council, a quorum being | 24 |
| present, the affirmative
vote of a majority of the votes of the | 25 |
| full membership then serving of the
local school council shall | 26 |
| determine the outcome thereof; provided that
whenever the | 27 |
| measure before the local school council is (i) the evaluation
| 28 |
| of the principal, or (ii) the renewal of his or her performance | 29 |
| contract or
the inclusion of any provision or modification of | 30 |
| the contract, or (iii)
the direct selection by the local school | 31 |
| council of a new principal
(including
a new principal to fill a | 32 |
| vacancy) to serve under a 4 year performance
contract, or (iv) | 33 |
| the determination of the names of candidates to be submitted
to | 34 |
| the general superintendent for the position of
principal, the
|
|
|
|
09400HB2000ham001 |
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LRB094 02824 NHT 43379 a |
|
| 1 |
| principal and
student member of a high school council shall not | 2 |
| be counted for purposes of
determining whether a quorum is | 3 |
| present to act on the measure and shall have no
vote thereon; | 4 |
| and provided further that 7 affirmative votes of the local | 5 |
| school
council shall be required for the direct selection by | 6 |
| the local school
council
of a new principal
to serve under a 4 | 7 |
| year performance contract but not for the renewal of a
| 8 |
| principal's performance contract.
| 9 |
| (d) Student members of high school councils shall not be | 10 |
| eligible
to vote on personnel matters, including but not | 11 |
| limited to principal
evaluations and contracts and the | 12 |
| allocation of teaching and staff resources.
| 13 |
| (e) The local school council of an attendance center which | 14 |
| provides
bilingual education shall be encouraged to provide | 15 |
| translators at each
council meeting to maximize participation | 16 |
| of parents and the community.
| 17 |
| (f) Each local school council of an attendance center which | 18 |
| provides
bilingual education shall create a Bilingual Advisory | 19 |
| Committee or
recognize an existing Bilingual Advisory | 20 |
| Committee as a standing committee.
The Chair and a majority of | 21 |
| the members of the advisory committee shall be
parents of | 22 |
| students in the bilingual education program. The parents on the
| 23 |
| advisory committee shall be selected by parents of students in | 24 |
| the
bilingual education program, and the committee shall select | 25 |
| a Chair. The
advisory committee for each secondary attendance | 26 |
| center shall include at
least one full-time bilingual education | 27 |
| student. The Bilingual Advisory
Committee shall serve only in | 28 |
| an advisory capacity to the local school council.
| 29 |
| (g) Local school councils may utilize the services of an | 30 |
| arbitration
board or other dispute resolution service to | 31 |
| resolve intra-council disputes.
| 32 |
| (h) Local school council members shall, within 10 days | 33 |
| after the organizational meeting required by this Section, | 34 |
| submit to the Board their addresses, telephone numbers, and any |
|
|
|
09400HB2000ham001 |
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LRB094 02824 NHT 43379 a |
|
| 1 |
| e-mail addresses and shall indicate which member, preferably | 2 |
| but not necessarily the chairperson, has been designated as the | 3 |
| member whose home address, telephone number, and, if available, | 4 |
| e-mail address shall be made available to the public for | 5 |
| purposes of the public's communication with the local school | 6 |
| council. Whenever the person so designated resigns, is removed, | 7 |
| or otherwise ends his or her membership on the local school | 8 |
| council, the council shall promptly designate a replacement | 9 |
| member for this purpose and so notify the Board. | 10 |
| (i) The Board shall promptly make available to persons or | 11 |
| organizations who so request, in writing, a list of all of the | 12 |
| names designated by local school councils as members whose | 13 |
| contact information may be made publicly available and shall | 14 |
| revise the list upon notification from any local school council | 15 |
| that the designated member on that list from that council has | 16 |
| been changed.
| 17 |
| (Source: P.A. 91-622, eff. 8-19-99.)
| 18 |
| (105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
| 19 |
| Sec. 34-2.3. Local school councils - Powers and duties. | 20 |
| Each local school
council shall have and exercise, consistent | 21 |
| with the provisions of
this Article and the powers and duties | 22 |
| of
the board of education, the following powers and duties:
| 23 |
| 1. The duty to: | 24 |
| (A) To annually evaluate the performance of the principal | 25 |
| of the
attendance
center
using a Board approved principal | 26 |
| evaluation form, which shall include the
evaluation of
(i) | 27 |
| student academic improvement, as defined by the
school | 28 |
| improvement plan, (ii)
student absenteeism rates
at the school, | 29 |
| (iii) instructional leadership, (iv) the effective
| 30 |
| implementation of
programs, policies, or strategies to improve | 31 |
| student academic achievement,
(v) school management, and (vi) | 32 |
| any other factors deemed relevant by the local
school council, | 33 |
| including, without limitation, the principal's communication
|
|
|
|
09400HB2000ham001 |
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LRB094 02824 NHT 43379 a |
|
| 1 |
| skills and ability to create and maintain a student-centered | 2 |
| learning
environment, to develop opportunities for | 3 |
| professional development, and to
encourage parental | 4 |
| involvement and community partnerships to achieve school
| 5 |
| improvement;
| 6 |
| (B) to determine in the manner provided by subsection (c) | 7 |
| of Section
34-2.2 and subdivision 1.5 of this Section whether | 8 |
| the performance contract
of the principal shall be
renewed , | 9 |
| provided that (i) the determination of whether the principal's | 10 |
| performance contract is to be renewed, based upon the | 11 |
| evaluation required by subparagraph (A) of subdivision 1.5 of | 12 |
| this Section, shall be made no later than 150 days prior to the | 13 |
| expiration of the current performance-based contract of the | 14 |
| principal, (ii) in cases where the performance contract is not | 15 |
| renewed, a direct selection of a new principal to serve under a | 16 |
| 4-year performance contract shall be made by the local school | 17 |
| council no later than 45 days prior to the expiration of the | 18 |
| current performance contract of the principal, and (iii) the | 19 |
| local school council shall be required, if requested by the | 20 |
| principal, to provide in writing the reasons for the council's | 21 |
| not renewing the principal's contract ; and
| 22 |
| (C) to directly select, in the manner provided by
| 23 |
| subsection (c) of
Section 34-2.2 and subdivision 2.10 of this | 24 |
| Section , a new principal (including a new principal to fill a
| 25 |
| vacancy)
-- without submitting any list of candidates for that | 26 |
| position to the
general superintendent as provided in paragraph | 27 |
| 2 of this Section -- to
serve under a 4 year performance | 28 |
| contract; provided that ( i) the determination
of whether the | 29 |
| principal's performance contract is to be renewed, based upon
| 30 |
| the evaluation required by subdivision 1.5 of this Section, | 31 |
| shall be made no
later than 150 days prior to the expiration of | 32 |
| the current performance-based
contract of the principal, (ii) | 33 |
| in cases where such performance
contract is not renewed -- a
| 34 |
| direct selection
of a
new principal -- to serve under a 4 year |
|
|
|
09400HB2000ham001 |
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LRB094 02824 NHT 43379 a |
|
| 1 |
| performance contract shall be made by
the local school council | 2 |
| no later than 45 days prior to the expiration of the
current | 3 |
| performance contract of the principal, and (iii) a
selection by
| 4 |
| the local school council of a new principal to fill a vacancy | 5 |
| under a 4 year
performance contract shall be made within 90 | 6 |
| days after the date such vacancy
occurs. A Council shall be | 7 |
| required, if requested by the principal, to provide
in writing | 8 |
| the reasons for the council's not renewing the principal's | 9 |
| contract.
| 10 |
| 1.5. (A) The local school council's determination of | 11 |
| whether to renew the
principal's contract shall be based on an | 12 |
| evaluation to assess the educational
and administrative | 13 |
| progress made at the school during the principal's current
| 14 |
| performance-based contract. The local school council shall | 15 |
| base its evaluation
on (i) student academic improvement, as | 16 |
| defined by the school improvement plan,
(ii) student | 17 |
| absenteeism rates at the school, (iii) instructional | 18 |
| leadership,
(iv) the effective implementation of programs, | 19 |
| policies, or strategies to
improve student academic | 20 |
| achievement, (v) school management, and (vi) any
other factors | 21 |
| deemed relevant by the local school council, including, without
| 22 |
| limitation, the principal's communication skills and ability | 23 |
| to create and
maintain a student-centered learning | 24 |
| environment, to develop opportunities for
professional | 25 |
| development, and to encourage parental involvement and | 26 |
| community
partnerships to achieve school improvement. | 27 |
| (B) If a local school council
fails to renew the | 28 |
| performance contract of a principal rated by the general
| 29 |
| superintendent, or his or her designee, in the previous years' | 30 |
| evaluations as
meeting or exceeding expectations, the | 31 |
| principal, within 15 days after the
local school council's | 32 |
| decision not to renew the contract, may request a review
of the
| 33 |
| local school council's principal non-retention decision by a | 34 |
| hearing officer
appointed by the American Arbitration |
|
|
|
09400HB2000ham001 |
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|
| 1 |
| Association. A local school council
member or members or the | 2 |
| general superintendent may support the principal's
request for | 3 |
| review.
During the period of the hearing officer's review of | 4 |
| the local school
council's decision on
whether or not to retain | 5 |
| the principal, the local school council shall maintain
all | 6 |
| authority
to search for and contract with a person to serve
as | 7 |
| interim or acting
principal, or as the
principal of the | 8 |
| attendance center under a 4-year performance contract,
| 9 |
| provided that any performance contract entered into by the | 10 |
| local school council
shall be voidable
or
modified in | 11 |
| accordance with the decision of the hearing officer.
The | 12 |
| principal may request review only once while at that
attendance | 13 |
| center. If a local school council renews the contract of a
| 14 |
| principal who failed to obtain a rating of "meets" or "exceeds | 15 |
| expectations" in
the general superintendent's evaluation for | 16 |
| the previous year, the general superintendent,
within 15
days | 17 |
| after the local
school council's decision to renew the | 18 |
| contract,
may request a review of
the local school council's | 19 |
| principal retention decision by a hearing officer
appointed by | 20 |
| the American Arbitration Association. The general | 21 |
| superintendent may request a review only
once
for that | 22 |
| principal at that attendance center. All requests to review the
| 23 |
| retention or non-retention of a principal shall be submitted to | 24 |
| the general
superintendent, who shall, in turn, forward such | 25 |
| requests, within 14 days of
receipt, to the American | 26 |
| Arbitration Association.
The general superintendent shall send | 27 |
| a contemporaneous copy of the request
that was forwarded to the | 28 |
| American Arbitration Association to the principal and
to each | 29 |
| local school council member and shall inform the local school | 30 |
| council
of its rights and responsibilities under the | 31 |
| arbitration process, including the
local school council's | 32 |
| right to representation and the manner and process by
which the | 33 |
| Board shall pay the costs of the council's representation.
If | 34 |
| the local school council retains the
principal and the general |
|
|
|
09400HB2000ham001 |
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LRB094 02824 NHT 43379 a |
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| 1 |
| superintendent requests a review of the retention
decision, the | 2 |
| local school council and the general
superintendent shall be | 3 |
| considered parties to the arbitration, a hearing officer shall
| 4 |
| be
chosen between those 2
parties pursuant to procedures | 5 |
| promulgated by the State Board of Education,
and the principal | 6 |
| may retain counsel and participate in the arbitration. If the | 7 |
| local school council does not retain the principal and
the | 8 |
| principal requests a review of the retention decision, the | 9 |
| local school
council and the principal shall be considered | 10 |
| parties to the
arbitration and a hearing
officer shall be | 11 |
| chosen between those 2 parties pursuant to procedures
| 12 |
| promulgated by the State Board of Education.
| 13 |
| (C)(1) The hearing shall begin (i)
within 45 days
after the | 14 |
| initial request for review is submitted by the principal to the
| 15 |
| general superintendent or (ii) if the
initial request for
| 16 |
| review is made by the general superintendent, within 45 days | 17 |
| after that request
is mailed
to the American Arbitration | 18 |
| Association.
The hearing officer shall render a
decision within | 19 |
| 45
days after the hearing begins and within 90 days after the | 20 |
| initial request
for review.
The Board shall contract with the | 21 |
| American
Arbitration Association for all of the hearing | 22 |
| officer's reasonable and
necessary costs. In addition, the | 23 |
| Board shall pay any reasonable costs
incurred by a local school | 24 |
| council for representation before a hearing
officer.
| 25 |
| (C)(2)
1.10. The hearing officer shall conduct a hearing, | 26 |
| which shall include (i)
a review of the principal's | 27 |
| performance, evaluations, and other evidence of
the | 28 |
| principal's service at the school, (ii) reasons provided by the | 29 |
| local
school council for its decision, and (iii) documentation | 30 |
| evidencing views of
interested persons, including,
without | 31 |
| limitation, students, parents, local school council members, | 32 |
| school
faculty and staff, the principal, the general | 33 |
| superintendent or his or her
designee, and members of the | 34 |
| community. The burden of proof in establishing
that the local |
|
|
|
09400HB2000ham001 |
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| school council's decision was arbitrary and capricious shall be
| 2 |
| on the party requesting the arbitration, and this party shall | 3 |
| sustain the
burden by a preponderance of the evidence.
The | 4 |
| hearing officer shall set the
local school council decision | 5 |
| aside if that decision, in light of the record
developed at the | 6 |
| hearing, is arbitrary and capricious. The decision of the
| 7 |
| hearing officer may not be appealed to the Board or the State | 8 |
| Board of
Education. If the hearing officer decides that the | 9 |
| principal shall be
retained, the retention period shall not | 10 |
| exceed 2 years.
| 11 |
| 1.15. There shall be no discrimination on the basis of | 12 |
| race, sex, creed, color, or disability unrelated to ability to | 13 |
| perform in connection with the submission of candidates for and | 14 |
| the selection of a candidate to serve as principal of an | 15 |
| attendance center, whether the principal is directly selected | 16 |
| by the local school council under a 4-year performance contract | 17 |
| or is an interim principal.
| 18 |
| 2. (A) In the event (i) the local school council does not | 19 |
| renew the
performance contract of the principal, or the | 20 |
| principal fails to receive a
satisfactory rating as provided in | 21 |
| subsection (h) of Section 34-8.3,
or the principal is
removed | 22 |
| for cause during the term of his or her performance contract
in | 23 |
| the manner provided by Section 34-85, or a vacancy in the | 24 |
| position
of principal otherwise occurs prior to the expiration | 25 |
| of the term of
a principal's performance contract, and (ii) the | 26 |
| local school council
fails to directly select a new principal | 27 |
| to serve under a 4 year performance
contract,
the local school | 28 |
| council in such event shall submit to the general
| 29 |
| superintendent a list of 3 candidates -- listed in the local | 30 |
| school
council's order of preference -- for the position of | 31 |
| principal, one of
which shall be selected by the general | 32 |
| superintendent to serve as
principal of the attendance center. | 33 |
| If the general superintendent
fails or refuses to select one of | 34 |
| the candidates on the list to serve as
principal within 30 days |
|
|
|
09400HB2000ham001 |
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| 1 |
| after being furnished with the candidate list,
the general | 2 |
| superintendent shall select and place a principal on an interim
| 3 |
| basis (i) for a period not to exceed one year or (ii) until the | 4 |
| local school
council selects a new principal with 7 affirmative | 5 |
| votes as
provided in subsection (c) of Section 34-2.2, | 6 |
| whichever occurs first. If the
local school council
fails or | 7 |
| refuses to select and appoint a new principal, as specified by
| 8 |
| subsection (c) of Section 34-2.2, the general superintendent | 9 |
| may select and
appoint a new principal on an interim basis for
| 10 |
| an additional year or until a new contract principal is | 11 |
| selected by the local
school council. There shall be no | 12 |
| discrimination on the basis of
race, sex, creed, color or
| 13 |
| disability unrelated to ability to perform in
connection with | 14 |
| the submission of candidates for, and the selection of a
| 15 |
| candidate to serve as principal of an attendance center. No | 16 |
| person shall
be directly selected, listed as a candidate for, | 17 |
| or selected to serve as
principal of an attendance center (i) | 18 |
| if such person has been removed for cause
from employment by | 19 |
| the Board or (ii) if such person does not hold a valid
| 20 |
| administrative certificate issued or exchanged under Article | 21 |
| 21 and
endorsed as required by that Article for the position of | 22 |
| principal. A
principal whose performance contract is not | 23 |
| renewed as provided under
subsection (c) of Section 34-2.2 may | 24 |
| nevertheless, if otherwise qualified
and certified as herein | 25 |
| provided
and if he or she has received a satisfactory rating as | 26 |
| provided in subsection
(h) of Section 34-8.3, be included by a | 27 |
| local school council as
one of the 3 candidates listed in order | 28 |
| of preference on any candidate list
from which one person is to | 29 |
| be selected to serve as principal of the
attendance center | 30 |
| under a new performance contract. | 31 |
| (B) The initial candidate
list required to be submitted by | 32 |
| a local school council to the general
superintendent in cases | 33 |
| where the local school council does not renew the
performance | 34 |
| contract of its principal and does not directly select a new
|
|
|
|
09400HB2000ham001 |
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LRB094 02824 NHT 43379 a |
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| 1 |
| principal to serve under a 4 year performance contract shall be | 2 |
| submitted
not later than
30 days prior to the expiration of the | 3 |
| current performance contract. In
cases where the local school | 4 |
| council fails or refuses to submit the candidate
list to the | 5 |
| general superintendent no later than 30 days prior to the
| 6 |
| expiration of the incumbent principal's contract, the general | 7 |
| superintendent
may
appoint a principal on an interim basis for | 8 |
| a period not to exceed one year,
during which time the local | 9 |
| school council shall be able to select a new
principal with 7 | 10 |
| affirmative votes as provided in subsection (c) of Section
| 11 |
| 34-2.2. In cases where a principal is removed for cause or a
| 12 |
| vacancy otherwise occurs in the position of principal and the | 13 |
| vacancy is
not filled by direct selection by the local school | 14 |
| council, the candidate
list shall be submitted by the local | 15 |
| school council to the general
superintendent within 90 days | 16 |
| after the date such
removal or
vacancy occurs.
In cases where | 17 |
| the local school council fails or refuses to submit the
| 18 |
| candidate list to the general superintendent within 90 days | 19 |
| after the date of
the vacancy, the general superintendent may | 20 |
| appoint a principal on an interim
basis for a period of one | 21 |
| year, during which time the local school council
shall be able | 22 |
| to select a new principal with 7 affirmative votes as provided | 23 |
| in
subsection (c) of Section 34-2.2.
| 24 |
| 2.3. No person may be directly selected, listed as a | 25 |
| candidate for, or selected to serve as principal of an | 26 |
| attendance center (i) if the person has been removed for cause | 27 |
| from employment by the Board or (ii) if the person does not | 28 |
| hold a valid administrative certificate issued or exchanged | 29 |
| under Article 21 of this Code and endorsed as required by that | 30 |
| Article for the position of principal. A principal whose | 31 |
| performance contract is not renewed as provided under | 32 |
| subsection (c) of Section 34-2.2 of this Code may nevertheless, | 33 |
| if he or she is otherwise qualified and certified as herein | 34 |
| provided and if he or she has received a satisfactory rating as |
|
|
|
09400HB2000ham001 |
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LRB094 02824 NHT 43379 a |
|
| 1 |
| provided in subsection (h) of Section 34-8.3 of this Code, be | 2 |
| included by a local school council as one of the 3 candidates | 3 |
| listed in order of preference on any candidate list from which | 4 |
| one person is to be selected to serve as principal of the | 5 |
| attendance center under a new performance contract.
| 6 |
| 2.5. Whenever a vacancy in the office of a principal occurs | 7 |
| for any reason,
the vacancy shall be filled by the local school | 8 |
| council in the manner provided by this Section by the
selection | 9 |
| of a new principal to serve under a 4 year performance | 10 |
| contract. For the purposes of this Section, a vacancy occurs | 11 |
| whenever a principal with a 4-year performance contract is | 12 |
| absent from the attendance center as a result of resignation, | 13 |
| death, retirement, or removal from active duties at the | 14 |
| attendance center through reassignment, suspension, removal | 15 |
| for cause, or other action by the general superintendent of | 16 |
| schools or his or her designee. Within 30 days after a vacancy | 17 |
| occurring for any reason, the general superintendent of schools | 18 |
| shall notify the local school council, in writing, of the | 19 |
| vacancy and the reason for it. The effective date of the | 20 |
| vacancy for the purposes of this Section shall be (i) the date | 21 |
| of the written notification from the general superintendent of | 22 |
| schools, (ii) the date of any prior written notification to the | 23 |
| local school council by a principal of his or her impending | 24 |
| retirement, resignation, or reassignment, or (iii) in the | 25 |
| absence of written notification by the principal or the general | 26 |
| superintendent of schools, the date of a formal determination | 27 |
| by the local school council that a vacancy in the position of | 28 |
| principal of at least 60 days has occurred, provided that at | 29 |
| least 15 days prior to making the determination the local | 30 |
| school council has attempted to ascertain the reason for the | 31 |
| principal's absence by sending written inquiry to the | 32 |
| principal's last known address and to the general | 33 |
| superintendent of schools by certified mail.
| 34 |
| 3. To establish additional criteria
to be included as part |
|
|
|
09400HB2000ham001 |
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LRB094 02824 NHT 43379 a |
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| 1 |
| of
the
performance contract of its principal, provided that | 2 |
| such additional
criteria shall not discriminate on the basis of | 3 |
| race, sex, creed, color
or
disability unrelated to ability to | 4 |
| perform, and shall not be inconsistent
with the uniform 4 year | 5 |
| performance contract for principals developed by
the board as | 6 |
| provided in Section 34-8.1 of the School Code
or with other | 7 |
| provisions of this Article governing the
authority and | 8 |
| responsibility of principals.
| 9 |
| 4. (A) To approve the expenditure plan prepared by the | 10 |
| principal with
respect to all funds allocated and distributed | 11 |
| to the attendance center by
the Board. The expenditure plan | 12 |
| shall be administered by the principal.
Notwithstanding any | 13 |
| other provision of this Act or any other law, any
expenditure | 14 |
| plan approved and
administered under this Section 34-2.3 shall | 15 |
| be consistent with and subject to
the terms of any contract for | 16 |
| services with a third party entered into by the
Chicago School | 17 |
| Reform Board of Trustees or the board under this Act.
| 18 |
| (B) Via a supermajority vote of 7 members of the local | 19 |
| school council or 8
members of a high school local school | 20 |
| council, the Council may transfer
allocations pursuant to | 21 |
| Section 34-2.3 within funds; provided that such a
transfer is | 22 |
| consistent with applicable law and
collective bargaining
| 23 |
| agreements.
| 24 |
| (C) The
Beginning in fiscal year 1991 and in each fiscal | 25 |
| year
thereafter, the
Board may annually reserve up to 1% of its | 26 |
| total fiscal year budget for
distribution
on a prioritized | 27 |
| basis to schools throughout the school system in order to
| 28 |
| assure adequate programs to meet the needs of
special student | 29 |
| populations as determined by the Board. This distribution
shall | 30 |
| take into account the needs catalogued in the Systemwide Plan | 31 |
| and the
various local school improvement plans of the local | 32 |
| school councils.
Information about these centrally funded | 33 |
| programs shall be distributed to
the local school councils so | 34 |
| that their subsequent planning and programming
will account for |
|
|
|
09400HB2000ham001 |
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LRB094 02824 NHT 43379 a |
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| 1 |
| these provisions.
| 2 |
| (D) From
Beginning in fiscal year 1991 and in each fiscal | 3 |
| year thereafter, from
other amounts available in the applicable | 4 |
| fiscal year budget, the board
shall annually allocate a lump | 5 |
| sum amount to each local school based upon
such formula as the | 6 |
| board shall determine taking into account the special needs
of | 7 |
| the student body. The local school
principal shall develop an | 8 |
| expenditure plan in consultation with the local
school council, | 9 |
| the professional personnel leadership
committee and with all
| 10 |
| other school personnel, which reflects the
priorities and | 11 |
| activities as described in the school's local school
| 12 |
| improvement plan and is consistent with applicable law and | 13 |
| collective
bargaining agreements and with board policies and | 14 |
| standards; however, the
local school council shall have the | 15 |
| right to request waivers of board policy
from the board of | 16 |
| education and waivers of employee collective bargaining
| 17 |
| agreements pursuant to Section 34-8.1a.
| 18 |
| The expenditure plan developed by the principal with | 19 |
| respect to
amounts available from the fund for prioritized | 20 |
| special needs programs
and the allocated lump sum amount must | 21 |
| be approved by the local school council.
| 22 |
| The lump sum allocation shall take into account the
| 23 |
| following principles:
| 24 |
| a. Teachers: Each school shall be allocated funds equal | 25 |
| to the
amount appropriated in the previous school year for | 26 |
| compensation for
teachers (regular grades kindergarten | 27 |
| through 12th grade) plus whatever
increases in | 28 |
| compensation have been negotiated contractually or through
| 29 |
| longevity as provided in the negotiated agreement. | 30 |
| Adjustments shall be
made due to layoff or reduction in | 31 |
| force, lack of funds or work, change in
subject | 32 |
| requirements, enrollment changes, or contracts with third
| 33 |
| parties for the performance of services or to rectify
any | 34 |
| inconsistencies with system-wide allocation formulas or |
|
|
|
09400HB2000ham001 |
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LRB094 02824 NHT 43379 a |
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| 1 |
| for other
legitimate reasons.
| 2 |
| b. Other personnel: Funds for other teacher | 3 |
| certificated and
uncertificated personnel paid through | 4 |
| non-categorical funds shall be
provided according to | 5 |
| system-wide formulas based on student enrollment and
the | 6 |
| special needs of the school as determined by the Board.
| 7 |
| c. Non-compensation items: Appropriations for all | 8 |
| non-compensation items
shall be based on system-wide | 9 |
| formulas based on student enrollment and
on the special | 10 |
| needs of the school or factors related to the physical
| 11 |
| plant, including but not limited to textbooks, supplies, | 12 |
| electricity,
equipment, and routine maintenance.
| 13 |
| d. Funds for categorical programs: Schools shall | 14 |
| receive personnel
and funds based on, and shall use such | 15 |
| personnel and funds in accordance
with State and Federal | 16 |
| requirements applicable to each
categorical program
| 17 |
| provided to meet the special needs of the student body | 18 |
| (including but not
limited to, Federal Chapter I, | 19 |
| Bilingual, and Special Education).
| 20 |
| d.1. Funds for State Chapter
Title I: Each school shall | 21 |
| receive
funds based on State and Board requirements | 22 |
| applicable to each State
Chapter
Title I pupil provided to | 23 |
| meet the special needs of the student body. Each
school | 24 |
| shall receive the proportion of funds as provided in | 25 |
| Section 18-8 to
which they are entitled. These funds shall | 26 |
| be spent only with the
budgetary approval of the Local | 27 |
| School Council as provided in Section 34-2.3 .
| 28 |
| e. The Local School Council shall have the right to | 29 |
| request the
principal to close positions and open new ones | 30 |
| consistent with the
provisions of the local school | 31 |
| improvement plan provided that these
decisions are | 32 |
| consistent with applicable law and
collective bargaining
| 33 |
| agreements. If a position is closed, pursuant to this | 34 |
| paragraph, the local
school shall have for its use the |
|
|
|
09400HB2000ham001 |
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LRB094 02824 NHT 43379 a |
|
| 1 |
| system-wide average compensation for the
closed position.
| 2 |
| f. Operating within existing laws and
collective | 3 |
| bargaining agreements,
the local school council shall have | 4 |
| the right to direct the principal to
shift expenditures | 5 |
| within funds.
| 6 |
| g. (Blank).
| 7 |
| Any funds unexpended at the end of the fiscal year shall be | 8 |
| available to
the board of education for use as part of its | 9 |
| budget for the following
fiscal year.
| 10 |
| 5. To make recommendations to the principal concerning | 11 |
| textbook
selection and concerning curriculum developed | 12 |
| pursuant to the school
improvement plan which is consistent | 13 |
| with systemwide curriculum objectives
in accordance with | 14 |
| Sections 34-8 and 34-18 of the School Code and in
conformity | 15 |
| with the collective bargaining agreement.
| 16 |
| 6. To advise the principal concerning the attendance and
| 17 |
| disciplinary policies for the attendance center, subject to the | 18 |
| provisions
of this Article and Article 26, and consistent with | 19 |
| the uniform system of
discipline established by the board | 20 |
| pursuant to Section 34-19.
| 21 |
| 7. To approve a school improvement plan developed as | 22 |
| provided in Section
34-2.4. The process and schedule for plan | 23 |
| development shall be publicized
to the entire school community, | 24 |
| and the community shall be afforded the
opportunity to make | 25 |
| recommendations concerning the plan. At least twice a
year the | 26 |
| principal and
local
school council shall report publicly on
| 27 |
| progress and problems with respect to plan implementation.
| 28 |
| 8. To evaluate the allocation of teaching resources and | 29 |
| other
certificated and uncertificated staff to the attendance | 30 |
| center to determine
whether such allocation is consistent with | 31 |
| and in furtherance of
instructional objectives and school | 32 |
| programs reflective of the school
improvement plan adopted for | 33 |
| the attendance center; and to make
recommendations to the | 34 |
| board, the general superintendent
and the
principal concerning |
|
|
|
09400HB2000ham001 |
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LRB094 02824 NHT 43379 a |
|
| 1 |
| any reallocation of teaching resources
or other staff whenever | 2 |
| the council determines that any such
reallocation is | 3 |
| appropriate because the qualifications of any existing
staff at | 4 |
| the attendance center do not adequately match or support
| 5 |
| instructional objectives or school programs which reflect the | 6 |
| school
improvement plan.
| 7 |
| 9. To make recommendations to the principal and the general | 8 |
| superintendent
concerning their respective appointments, after | 9 |
| August 31, 1989, and in the
manner provided by Section 34-8 and | 10 |
| Section 34-8.1,
of persons to fill any vacant, additional or | 11 |
| newly created
positions for teachers at the attendance center | 12 |
| or at attendance centers
which include the attendance center | 13 |
| served by the local school council.
| 14 |
| 10. (Blank).
To request of the Board the manner in which | 15 |
| training and
assistance shall be provided to the local school | 16 |
| council. Pursuant to Board
guidelines a local school council is | 17 |
| authorized to direct
the Board of Education to contract with | 18 |
| personnel or not-for-profit
organizations not associated with | 19 |
| the school district to train or assist
council members. If | 20 |
| training or assistance is provided by contract with
personnel | 21 |
| or organizations not associated with the school district, the
| 22 |
| period of training or assistance shall not exceed 30 hours | 23 |
| during a given
school year; person shall not be employed on a | 24 |
| continuous basis longer than
said period and shall not have | 25 |
| been employed by the Chicago Board of
Education within the | 26 |
| preceding six months. Council members shall receive
training in | 27 |
| at least the following areas:
| 28 |
| 1. school budgets;
| 29 |
| 2. educational theory pertinent to the attendance | 30 |
| center's particular
needs, including the development of | 31 |
| the school improvement plan and the
principal's | 32 |
| performance contract; and
| 33 |
| 3. personnel selection.
| 34 |
| Council members shall, to the greatest extent possible, |
|
|
|
09400HB2000ham001 |
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LRB094 02824 NHT 43379 a |
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| 1 |
| complete such
training within 90 days of election.
| 2 |
| 11. In accordance with systemwide guidelines contained in | 3 |
| the
System-Wide Educational Reform Goals and Objectives Plan, | 4 |
| criteria for
evaluation of performance shall be established for | 5 |
| local school councils
and local school council members. If a | 6 |
| local school council persists in
noncompliance with systemwide | 7 |
| requirements, the Board may impose sanctions
and take necessary | 8 |
| corrective action, consistent with Section 34-8.3.
| 9 |
| 12. Each local school council shall comply with the Open | 10 |
| Meetings Act and
the Freedom of Information Act. Each local | 11 |
| school council shall issue and
transmit to its school community | 12 |
| a detailed annual report accounting for
its activities | 13 |
| programmatically and financially. Each local school council
| 14 |
| shall convene at least 2 well-publicized meetings annually with | 15 |
| its entire
school community. These meetings shall include | 16 |
| presentation of the
proposed local school improvement plan, of | 17 |
| the proposed school expenditure
plan, and the annual report, | 18 |
| and shall provide an opportunity for public
comment.
| 19 |
| 13. Each local school council is encouraged to involve | 20 |
| additional
non-voting members of the school community in | 21 |
| facilitating the council's
exercise of its responsibilities.
| 22 |
| 14. The local school council may adopt a school
uniform or | 23 |
| dress
code policy that governs the attendance center and that | 24 |
| is
necessary to maintain the orderly process of a school | 25 |
| function or prevent
endangerment of student health or safety, | 26 |
| consistent with the policies and
rules of the Board of | 27 |
| Education.
A school uniform or dress code policy adopted
by a | 28 |
| local school council: (i) shall not be applied in such manner | 29 |
| as to
discipline or deny attendance to a transfer student or | 30 |
| any other student for
noncompliance with that
policy during | 31 |
| such period of time as is reasonably necessary to enable the
| 32 |
| student to acquire a school uniform or otherwise comply with | 33 |
| the dress code
policy that is in effect at the attendance | 34 |
| center into which the student's
enrollment is transferred; and |
|
|
|
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| 1 |
| (ii) shall include criteria and procedures under
which the | 2 |
| local school council will accommodate the needs of or otherwise
| 3 |
| provide
appropriate resources to assist a student from an | 4 |
| indigent family in complying
with an applicable school uniform | 5 |
| or dress code policy.
A student whose parents or legal | 6 |
| guardians object on religious grounds to the
student's | 7 |
| compliance with an applicable school uniform or dress code | 8 |
| policy
shall not be required to comply with that policy if the | 9 |
| student's parents or
legal guardians present to the local | 10 |
| school council a signed statement of
objection detailing the | 11 |
| grounds for the objection.
| 12 |
| 15. All decisions made and actions taken by the local | 13 |
| school council in
the exercise of its powers and duties shall | 14 |
| comply with State and federal
laws, all applicable collective | 15 |
| bargaining agreements, court orders and
rules properly | 16 |
| promulgated by the Board.
| 17 |
| 15a. To grant, in accordance with board rules and policies,
| 18 |
| the use of assembly halls and classrooms when not otherwise | 19 |
| needed,
including lighting, heat, and attendants, for public | 20 |
| lectures, concerts, and
other educational and social | 21 |
| activities.
| 22 |
| 15b. To approve, in accordance with board rules and | 23 |
| policies, receipts and
expenditures for all internal accounts | 24 |
| of the
attendance center, and to approve all fund-raising | 25 |
| activities by nonschool
organizations that use the school | 26 |
| building.
| 27 |
| 16. (Blank).
| 28 |
| 17. Names and addresses of local school council members | 29 |
| shall
be a matter of public record.
| 30 |
| 18. In order to carry out their duties of monitoring the | 31 |
| school improvement plan, local school council members who have | 32 |
| passed their background checks must be issued identification | 33 |
| cards or other credentials that entitle them to enter the | 34 |
| school building. Each local school council, in consultation |
|
|
|
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| with the principal, may develop a policy regarding matters such | 2 |
| as frequency and duration of local school council member visits | 3 |
| to the attendance center, contact with school staff and | 4 |
| students, and observation of classrooms, in order to prevent | 5 |
| disruption to the educational process.
| 6 |
| (Source: P.A. 93-48, eff. 7-1-03.)
| 7 |
| (105 ILCS 5/34-2.3a) (from Ch. 122, par. 34-2.3a)
| 8 |
| Sec. 34-2.3a. Recommendations of the Principal. The | 9 |
| principal of each
attendance center shall be encouraged to make | 10 |
| recommendations to the
appropriate local school council | 11 |
| concerning all educational aspects of the
attendance center and | 12 |
| shall provide to the local school council, to the maximum | 13 |
| extent possible, information necessary for the council to | 14 |
| fulfill its duties as provided in Section 34-2.3 of this Code .
| 15 |
| (Source: P.A. 85-1418; 86-1477.)
| 16 |
| (105 ILCS 5/34-2.3b)
| 17 |
| Sec. 34-2.3b. Local School Council Training. The board | 18 |
| shall collaborate
with universities and other interested | 19 |
| entities and individuals to offer
training to local school | 20 |
| council members on topics relevant to school
operations and | 21 |
| their responsibilities as local school council members,
| 22 |
| including but not limited to legal requirements, role | 23 |
| differentiation,
responsibilities, and authorities, principal | 24 |
| evaluation and selection procedures and criteria, and | 25 |
| educational theory pertinent to
and improving student | 26 |
| achievement. Training
of local school council members shall be | 27 |
| provided at the direction of the board in consultation with the | 28 |
| Council of
Chicago-area Deans of Education. Incoming local | 29 |
| school council members shall
be required to complete a 3-day | 30 |
| training program , covering these and other topics as determined | 31 |
| by the board,
provided under this
Section within 6 months of | 32 |
| taking office. The board shall monitor the
compliance of |
|
|
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| incoming local school council members with the 3-day training
| 2 |
| program requirement established by this Section. After | 3 |
| opportunity for a hearing, the
The board shall declare
vacant | 4 |
| the office of a local school council member who unreasonably
| 5 |
| fails to complete the
3-day training program provided under | 6 |
| this Section within the 6 month period
allowed. Any such | 7 |
| vacancy shall be filled as provided in paragraph (7) of
| 8 |
| subsection (i)
(o) of
Section 34-2.1 by appointment of another | 9 |
| person qualified to hold the office.
In addition to requiring | 10 |
| local school council members to complete the 3-day
training | 11 |
| program under this Section, the board may encourage local | 12 |
| school
council members to complete additional training during | 13 |
| their term of office and
shall provide recognition for | 14 |
| individuals completing that additional training.
Prior to the | 15 |
| regular election of a local school council, the board shall | 16 |
| send out requests for proposals concerning the 3-day training.
| 17 |
| The board is authorized to contract
collaborate with | 18 |
| universities, non-profits, and
other interested organizations | 19 |
| and individuals to provide this
offer additional training . The | 20 |
| board is authorized to use funds from private organizations, | 21 |
| non-profits, or any other outside sources as well as its own | 22 |
| funds for this purpose.
to
local school council members on a | 23 |
| regular basis during their term in office.
The board shall not | 24 |
| be required to bear the cost of the required 3-day training
| 25 |
| program or any additional training provided to local school | 26 |
| council members
under this Section.
| 27 |
| The board shall also offer training to aid local school | 28 |
| councils in
developing principal evaluation procedures and | 29 |
| criteria. The board shall
send out requests for proposals | 30 |
| concerning this training and is authorized to
contract with | 31 |
| universities, non-profits, and other interested organizations | 32 |
| and
individuals to provide this training. The board is | 33 |
| authorized to use funds
from private organizations, | 34 |
| non-profits, or any other outside source as well
as its own |
|
|
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| funds for this purpose.
| 2 |
| (Source: P.A. 90-100, eff. 7-11-97; 91-622, eff. 8-19-99.)
| 3 |
| (105 ILCS 5/34-2.4b) (from Ch. 122, par. 34-2.4b)
| 4 |
| Sec. 34-2.4b. Limited exceptions to local school council | 5 |
| governance.
Limitation upon applicability.
The provisions of
| 6 |
| Sections 34-2.1, 34-2.2, 34-2.3, 34-2.3a, 34-2.4 and 34-8.3, | 7 |
| and
those provisions of paragraph 1 of Section 34-18 and | 8 |
| paragraph (c) of
Section 34A-201a relating to the allocation or | 9 |
| application -- by formula or
otherwise -- of lump sum amounts | 10 |
| and other funds to attendance centers,
do
shall not apply to | 11 |
| attendance centers that have applied for and
been designated as | 12 |
| a "Small School" by the Board, except as otherwise provided in | 13 |
| this Section, and do not apply to the
Cook County Juvenile | 14 |
| Detention Center and Cook
County Jail schools, nor to the | 15 |
| district's alternative schools for pregnant
girls, nor to
| 16 |
| alternative schools established under Article 13A,
nor to the
| 17 |
| Michael R. Durso School, the Jackson Adult Center, the Hillard | 18 |
| Adult
Center, the Alternative Transitional School, or any other | 19 |
| attendance
center designated by the Board as an alternative | 20 |
| school, provided that (i) the provisions listed in this Section | 21 |
| do apply to schools in any
the
designation is not applied to a | 22 |
| school building that has in place , or had in place prior to | 23 |
| closing of the school building for the purpose of | 24 |
| transformation into one or more Small Schools, a legally
| 25 |
| constituted local school council , unless that legally | 26 |
| constituted local school council or a majority of staff and | 27 |
| parents in the school decides that the provisions listed in | 28 |
| this Section shall not apply to the new Small School in that | 29 |
| building, and (ii) the provisions of paragraph 1 of Section | 30 |
| 34-18 of this Code, relating to the power of the board of | 31 |
| education to allocate supplemental general State aid funds, | 32 |
| apply to designated Small Schools if and only if those schools | 33 |
| are governed by elected local school councils with the power to |
|
|
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| determine the use of those funds pursuant to subdivision (4) of | 2 |
| Section 34-2.3 and subsection (H)(4) of Section 18-8.05 of this | 3 |
| Code) ; and the board of education shall have and
exercise with | 4 |
| respect to those schools and with respect to the conduct,
| 5 |
| operation, affairs and budgets of those schools, and with | 6 |
| respect to the
principals, teachers and other school staff | 7 |
| there employed, the same powers
which are exercisable by local | 8 |
| school councils with respect to the other
attendance centers, | 9 |
| principals, teachers and school staff within the
district, | 10 |
| together with all powers and duties generally exercisable by | 11 |
| the
board of education with respect to all attendance centers | 12 |
| within the
district. The board of education shall develop | 13 |
| appropriate alternative
methods for involving parents, | 14 |
| community members and school staff to the
maximum extent | 15 |
| possible in all of the activities of those schools, and may
| 16 |
| delegate to the parents, community members and school staff so | 17 |
| involved the
same powers which are exercisable by local school | 18 |
| councils with respect to
other attendance centers.
| 19 |
| (Source: P.A. 90-566, eff. 1-2-98; 91-622, eff. 8-19-99.)
| 20 |
| (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
| 21 |
| Sec. 34-18. Powers of the board. The board shall exercise | 22 |
| general
supervision and jurisdiction over the public education | 23 |
| and the public
school system of the city, and, except as | 24 |
| otherwise provided by this
Article, shall have power:
| 25 |
| 1. To make suitable provision for the establishment and | 26 |
| maintenance
throughout the year or for such portion thereof | 27 |
| as it may direct, not
less than 9 months, of schools of all | 28 |
| grades and kinds, including normal
schools, high schools, | 29 |
| night schools, schools for defectives and
delinquents, | 30 |
| parental and truant schools, schools for the blind, the
| 31 |
| deaf and the crippled, schools or classes in manual | 32 |
| training,
constructural and vocational teaching, domestic | 33 |
| arts and physical
culture, vocation and extension schools |
|
|
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| and lecture courses, and all
other educational courses and | 2 |
| facilities, including establishing,
equipping, maintaining | 3 |
| and operating playgrounds and recreational
programs, when | 4 |
| such programs are conducted in, adjacent to, or connected
| 5 |
| with any public school under the general supervision and | 6 |
| jurisdiction
of the board; provided that the calendar for | 7 |
| the school term and any changes must be submitted to and | 8 |
| approved by the State Board of Education before the | 9 |
| calendar or changes may take effect, and provided that in | 10 |
| allocating funds
from year to year for the operation of all | 11 |
| attendance centers within the
district, the board shall | 12 |
| ensure that supplemental general State aid funds
are | 13 |
| allocated and applied in accordance with Section 18-8 or | 14 |
| 18-8.05. To
admit to such
schools without charge foreign | 15 |
| exchange students who are participants in
an organized | 16 |
| exchange student program which is authorized by the board.
| 17 |
| The board shall permit all students to enroll in | 18 |
| apprenticeship programs
in trade schools operated by the | 19 |
| board, whether those programs are
union-sponsored or not. | 20 |
| No student shall be refused admission into or
be excluded | 21 |
| from any course of instruction offered in the common | 22 |
| schools
by reason of that student's sex. No student shall | 23 |
| be denied equal
access to physical education and | 24 |
| interscholastic athletic programs
supported from school | 25 |
| district funds or denied participation in
comparable | 26 |
| physical education and athletic programs solely by reason | 27 |
| of
the student's sex. Equal access to programs supported | 28 |
| from school
district funds and comparable programs will be | 29 |
| defined in rules
promulgated by the State Board of | 30 |
| Education in
consultation with the Illinois High School | 31 |
| Association.
Notwithstanding any other provision of this | 32 |
| Article, neither the board
of education nor any local | 33 |
| school council or other school official shall
recommend | 34 |
| that children with disabilities be placed into regular |
|
|
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| education
classrooms unless those children with | 2 |
| disabilities are provided with
supplementary services to | 3 |
| assist them so that they benefit from the regular
classroom | 4 |
| instruction and are included on the teacher's regular | 5 |
| education
class register;
| 6 |
| 2. To furnish lunches to pupils, to make a reasonable | 7 |
| charge
therefor, and to use school funds for the payment of | 8 |
| such expenses as
the board may determine are necessary in | 9 |
| conducting the school lunch
program;
| 10 |
| 3. To co-operate with the circuit court;
| 11 |
| 4. To make arrangements with the public or quasi-public | 12 |
| libraries
and museums for the use of their facilities by | 13 |
| teachers and pupils of
the public schools;
| 14 |
| 5. To employ dentists and prescribe their duties for | 15 |
| the purpose of
treating the pupils in the schools, but | 16 |
| accepting such treatment shall
be optional with parents or | 17 |
| guardians;
| 18 |
| 6. To grant the use of assembly halls and classrooms | 19 |
| when not
otherwise needed, including light, heat, and | 20 |
| attendants, for free public
lectures, concerts, and other | 21 |
| educational and social interests, free of
charge, under | 22 |
| such provisions and control as the principal of the
| 23 |
| affected attendance center may prescribe;
| 24 |
| 7. To apportion the pupils to the several schools; | 25 |
| provided that no pupil
shall be excluded from or segregated | 26 |
| in any such school on account of his
color, race, sex, or | 27 |
| nationality. The board shall take into consideration
the | 28 |
| prevention of segregation and the elimination of | 29 |
| separation of children
in public schools because of color, | 30 |
| race, sex, or nationality. Except that
children may be | 31 |
| committed to or attend parental and social adjustment | 32 |
| schools
established and maintained either for boys or girls | 33 |
| only. All records
pertaining to the creation, alteration or | 34 |
| revision of attendance areas shall
be open to the public. |
|
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| Nothing herein shall limit the board's authority to
| 2 |
| establish multi-area attendance centers or other student | 3 |
| assignment systems
for desegregation purposes or | 4 |
| otherwise, and to apportion the pupils to the
several | 5 |
| schools. Furthermore, beginning in school year 1994-95, | 6 |
| pursuant
to a board plan adopted by October 1, 1993, the | 7 |
| board shall offer, commencing
on a phased-in basis, the | 8 |
| opportunity for families within the school
district to | 9 |
| apply for enrollment of their children in any attendance | 10 |
| center
within the school district , including any charter, | 11 |
| contract, or designated Small School, which does not have | 12 |
| selective admission
requirements approved by the board. | 13 |
| The appropriate geographical area in
which such open | 14 |
| enrollment may be exercised shall be determined by the
| 15 |
| board of education. Such children may be admitted to any | 16 |
| such attendance
center on a space available basis after all | 17 |
| children residing within such
attendance center's area | 18 |
| have been accommodated. If the number of
applicants from | 19 |
| outside the attendance area exceed the space available,
| 20 |
| then successful applicants shall be selected by lottery. | 21 |
| The board of
education's open enrollment plan must include | 22 |
| provisions that allow low
income students to have access to | 23 |
| transportation needed to exercise school
choice and that | 24 |
| notify all parents about the open enrollment admission and | 25 |
| transportation opportunities . Open enrollment shall be in | 26 |
| compliance with the provisions of the
Consent Decree and | 27 |
| Desegregation Plan cited in Section 34-1.01;
| 28 |
| 8. To approve programs and policies for providing | 29 |
| transportation
services to students. Nothing herein shall | 30 |
| be construed to permit or empower
the State Board of | 31 |
| Education to order, mandate, or require busing or other
| 32 |
| transportation of pupils for the purpose of achieving | 33 |
| racial balance in any
school;
| 34 |
| 9. Subject to the limitations in this Article, to |
|
|
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| establish and
approve system-wide curriculum objectives | 2 |
| and standards, including graduation
standards, which | 3 |
| reflect the
multi-cultural diversity in the city and are | 4 |
| consistent with State law,
provided that for all purposes | 5 |
| of this Article courses or
proficiency in American Sign | 6 |
| Language shall be deemed to constitute courses
or | 7 |
| proficiency in a foreign language; and to employ principals | 8 |
| and teachers,
appointed as provided in this
Article, and | 9 |
| fix their compensation. The board shall prepare such | 10 |
| reports
related to minimal competency testing as may be | 11 |
| requested by the State
Board of Education, and in addition | 12 |
| shall monitor and approve special
education and bilingual | 13 |
| education programs and policies within the district to
| 14 |
| assure that appropriate services are provided in | 15 |
| accordance with applicable
State and federal laws to | 16 |
| children requiring services and education in those
areas;
| 17 |
| 10. To employ non-teaching personnel or utilize | 18 |
| volunteer personnel
for: (i) non-teaching duties not | 19 |
| requiring instructional judgment or
evaluation of pupils, | 20 |
| including library duties; and (ii) supervising study
| 21 |
| halls, long distance teaching reception areas used | 22 |
| incident to instructional
programs transmitted by | 23 |
| electronic media such as computers, video, and audio,
| 24 |
| detention and discipline areas, and school-sponsored | 25 |
| extracurricular
activities. The board may further utilize | 26 |
| volunteer non-certificated
personnel or employ | 27 |
| non-certificated personnel to
assist in the instruction of | 28 |
| pupils under the immediate supervision of a
teacher holding | 29 |
| a valid certificate, directly engaged in teaching
subject | 30 |
| matter or conducting activities; provided that the teacher
| 31 |
| shall be continuously aware of the non-certificated | 32 |
| persons' activities and
shall be able to control or modify | 33 |
| them. The general superintendent shall
determine | 34 |
| qualifications of such personnel and shall prescribe rules |
|
|
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| for
determining the duties and activities to be assigned to | 2 |
| such personnel;
| 3 |
| 10.5. To utilize volunteer personnel from a regional | 4 |
| School Crisis
Assistance Team (S.C.A.T.), created as part | 5 |
| of the Safe to Learn Program
established pursuant to | 6 |
| Section 25 of the Illinois Violence Prevention Act
of 1995, | 7 |
| to provide assistance to schools in times of violence or | 8 |
| other
traumatic incidents within a school community by | 9 |
| providing crisis
intervention services to lessen the | 10 |
| effects of emotional trauma on
individuals and the | 11 |
| community; the School Crisis Assistance Team
Steering | 12 |
| Committee shall determine the qualifications for | 13 |
| volunteers;
| 14 |
| 11. To provide television studio facilities in not to | 15 |
| exceed one
school building and to provide programs for | 16 |
| educational purposes,
provided, however, that the board | 17 |
| shall not construct, acquire, operate,
or maintain a | 18 |
| television transmitter; to grant the use of its studio
| 19 |
| facilities to a licensed television station located in the | 20 |
| school
district; and to maintain and operate not to exceed | 21 |
| one school radio
transmitting station and provide programs | 22 |
| for educational purposes;
| 23 |
| 12. To offer, if deemed appropriate, outdoor education | 24 |
| courses,
including field trips within the State of | 25 |
| Illinois, or adjacent states,
and to use school educational | 26 |
| funds for the expense of the said outdoor
educational | 27 |
| programs, whether within the school district or not;
| 28 |
| 13. During that period of the calendar year not | 29 |
| embraced within the
regular school term, to provide and | 30 |
| conduct courses in subject matters
normally embraced in the | 31 |
| program of the schools during the regular
school term and | 32 |
| to give regular school credit for satisfactory
completion | 33 |
| by the student of such courses as may be approved for | 34 |
| credit
by the State Board of Education;
|
|
|
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| 14. To insure against any loss or liability of the | 2 |
| board,
the former School Board Nominating Commission, | 3 |
| Local School Councils, the
Chicago Schools Academic | 4 |
| Accountability Council, or the former Subdistrict
Councils | 5 |
| or of any member, officer, agent or employee thereof, | 6 |
| resulting
from alleged violations of civil rights arising | 7 |
| from incidents occurring on
or after September 5, 1967 or | 8 |
| from the wrongful or negligent act or
omission of any such | 9 |
| person whether occurring within or without the school
| 10 |
| premises, provided the officer, agent or employee was, at | 11 |
| the time of the
alleged violation of civil rights or | 12 |
| wrongful act or omission, acting
within the scope of his | 13 |
| employment or under direction of the board, the
former | 14 |
| School
Board Nominating Commission, the Chicago Schools | 15 |
| Academic Accountability
Council, Local School Councils, or | 16 |
| the former Subdistrict Councils;
and to provide for or | 17 |
| participate in insurance plans for its officers and
| 18 |
| employees, including but not limited to retirement | 19 |
| annuities, medical,
surgical and hospitalization benefits | 20 |
| in such types and amounts as may be
determined by the | 21 |
| board; provided, however, that the board shall contract
for | 22 |
| such insurance only with an insurance company authorized to | 23 |
| do business
in this State. Such insurance may include | 24 |
| provision for employees who rely
on treatment by prayer or | 25 |
| spiritual means alone for healing, in accordance
with the | 26 |
| tenets and practice of a recognized religious | 27 |
| denomination;
| 28 |
| 15. To contract with the corporate authorities of any | 29 |
| municipality
or the county board of any county, as the case | 30 |
| may be, to provide for
the regulation of traffic in parking | 31 |
| areas of property used for school
purposes, in such manner | 32 |
| as is provided by Section 11-209 of The
Illinois Vehicle | 33 |
| Code, approved September 29, 1969, as amended;
| 34 |
| 16. (a) To provide, on an equal basis, access to a high
|
|
|
|
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| school campus and student directory information to the
| 2 |
| official recruiting representatives of the armed forces of | 3 |
| Illinois and
the United States for the purposes of | 4 |
| informing students of the educational
and career | 5 |
| opportunities available in the military if the board has | 6 |
| provided
such access to persons or groups whose purpose is | 7 |
| to acquaint students with
educational or occupational | 8 |
| opportunities available to them. The board
is not required | 9 |
| to give greater notice regarding the right of access to
| 10 |
| recruiting representatives than is given to other persons | 11 |
| and groups. In
this paragraph 16, "directory information" | 12 |
| means a high school
student's name, address, and telephone | 13 |
| number.
| 14 |
| (b) If a student or his or her parent or guardian | 15 |
| submits a signed,
written request to the high school before | 16 |
| the end of the student's sophomore
year (or if the student | 17 |
| is a transfer student, by another time set by
the high | 18 |
| school) that indicates that the student or his or her | 19 |
| parent or
guardian does
not want the student's directory | 20 |
| information to be provided to official
recruiting | 21 |
| representatives under subsection (a) of this Section, the | 22 |
| high
school may not provide access to the student's | 23 |
| directory information to
these recruiting representatives. | 24 |
| The high school shall notify its
students and their parents | 25 |
| or guardians of the provisions of this
subsection (b).
| 26 |
| (c) A high school may require official recruiting | 27 |
| representatives of
the armed forces of Illinois and the | 28 |
| United States to pay a fee for copying
and mailing a | 29 |
| student's directory information in an amount that is not
| 30 |
| more than the actual costs incurred by the high school.
| 31 |
| (d) Information received by an official recruiting | 32 |
| representative
under this Section may be used only to | 33 |
| provide information to students
concerning educational and | 34 |
| career opportunities available in the military
and may not |
|
|
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| be released to a person who is not involved in recruiting
| 2 |
| students for the armed forces of Illinois or the United | 3 |
| States;
| 4 |
| 17. (a) To sell or market any computer program | 5 |
| developed by an employee
of the school district, provided | 6 |
| that such employee developed the computer
program as a | 7 |
| direct result of his or her duties with the school district
| 8 |
| or through the utilization of the school district resources | 9 |
| or facilities.
The employee who developed the computer | 10 |
| program shall be entitled to share
in the proceeds of such | 11 |
| sale or marketing of the computer program. The
distribution | 12 |
| of such proceeds between the employee and the school | 13 |
| district
shall be as agreed upon by the employee and the | 14 |
| school district, except
that neither the employee nor the | 15 |
| school district may receive more than 90%
of such proceeds. | 16 |
| The negotiation for an employee who is represented by an
| 17 |
| exclusive bargaining representative may be conducted by | 18 |
| such bargaining
representative at the employee's request.
| 19 |
| (b) For the purpose of this paragraph 17:
| 20 |
| (1) "Computer" means an internally programmed, | 21 |
| general purpose digital
device capable of | 22 |
| automatically accepting data, processing data and | 23 |
| supplying
the results of the operation.
| 24 |
| (2) "Computer program" means a series of coded | 25 |
| instructions or
statements in a form acceptable to a | 26 |
| computer, which causes the computer to
process data in | 27 |
| order to achieve a certain result.
| 28 |
| (3) "Proceeds" means profits derived from | 29 |
| marketing or sale of a product
after deducting the | 30 |
| expenses of developing and marketing such product;
| 31 |
| 18. To delegate to the general superintendent of
| 32 |
| schools, by resolution, the authority to approve contracts | 33 |
| and expenditures
in amounts of $10,000 or less;
| 34 |
| 19. Upon the written request of an employee, to |
|
|
|
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| withhold from
the compensation of that employee any dues, | 2 |
| payments or contributions
payable by such employee to any | 3 |
| labor organization as defined in the
Illinois Educational | 4 |
| Labor Relations Act. Under such arrangement, an
amount | 5 |
| shall be withheld from each regular payroll period which is | 6 |
| equal to
the pro rata share of the annual dues plus any | 7 |
| payments or contributions,
and the board shall transmit | 8 |
| such withholdings to the specified labor
organization | 9 |
| within 10 working days from the time of the withholding;
| 10 |
| 19a. Upon receipt of notice from the comptroller of a | 11 |
| municipality with
a population of 500,000 or more, a county | 12 |
| with a population of 3,000,000 or
more, the Cook County | 13 |
| Forest Preserve District, the Chicago Park District, the
| 14 |
| Metropolitan Water Reclamation District, the Chicago | 15 |
| Transit Authority, or
a housing authority of a municipality | 16 |
| with a population of 500,000 or more
that a debt is due and | 17 |
| owing the municipality, the county, the Cook County
Forest | 18 |
| Preserve District, the Chicago Park District, the | 19 |
| Metropolitan Water
Reclamation District, the Chicago | 20 |
| Transit Authority, or the housing authority
by an employee | 21 |
| of the Chicago Board of Education, to withhold, from the
| 22 |
| compensation of that employee, the amount of the debt that | 23 |
| is due and owing
and pay the amount withheld to the | 24 |
| municipality, the county, the Cook County
Forest Preserve | 25 |
| District, the Chicago Park District, the Metropolitan | 26 |
| Water
Reclamation District, the Chicago Transit Authority, | 27 |
| or the housing authority;
provided, however, that the | 28 |
| amount
deducted from any one salary or wage payment shall | 29 |
| not exceed 25% of the net
amount of the payment. Before the | 30 |
| Board deducts any amount from any salary or
wage of an | 31 |
| employee under this paragraph, the municipality, the | 32 |
| county, the
Cook County Forest Preserve District, the | 33 |
| Chicago Park District, the
Metropolitan Water Reclamation | 34 |
| District, the Chicago Transit Authority, or the
housing |
|
|
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| 1 |
| authority shall certify that (i) the employee has been | 2 |
| afforded an
opportunity for a hearing to dispute the debt | 3 |
| that is due and owing the
municipality, the county, the | 4 |
| Cook County Forest Preserve District, the Chicago
Park | 5 |
| District, the Metropolitan Water Reclamation District, the | 6 |
| Chicago Transit
Authority, or the housing authority and | 7 |
| (ii) the employee has received notice
of a wage deduction | 8 |
| order and has been afforded an opportunity for a hearing to
| 9 |
| object to the order. For purposes of this paragraph, "net | 10 |
| amount" means that
part of the salary or wage payment | 11 |
| remaining after the deduction of any amounts
required by | 12 |
| law to be deducted and "debt due and owing" means (i) a | 13 |
| specified
sum of money owed to the municipality, the | 14 |
| county, the Cook County Forest
Preserve District, the | 15 |
| Chicago Park District, the Metropolitan Water
Reclamation | 16 |
| District, the Chicago Transit Authority, or the housing | 17 |
| authority
for services, work, or goods, after the period | 18 |
| granted for payment has expired,
or (ii) a specified sum of | 19 |
| money owed to the municipality, the county, the Cook
County | 20 |
| Forest Preserve District, the Chicago Park District, the | 21 |
| Metropolitan
Water Reclamation District, the Chicago | 22 |
| Transit Authority, or the housing
authority pursuant to a | 23 |
| court order or order of an administrative hearing
officer | 24 |
| after the exhaustion of, or the failure to exhaust, | 25 |
| judicial review;
| 26 |
| 20. The board is encouraged to employ a sufficient | 27 |
| number of
certified school counselors to maintain a | 28 |
| student/counselor ratio of 250 to
1 by July 1, 1990. Each | 29 |
| counselor shall spend at least 75% of his work
time in | 30 |
| direct contact with students and shall maintain a record of | 31 |
| such time;
| 32 |
| 21. To make available to students vocational and career
| 33 |
| counseling and to establish 5 special career counseling | 34 |
| days for students
and parents. On these days |
|
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| representatives of local businesses and
industries shall | 2 |
| be invited to the school campus and shall inform students
| 3 |
| of career opportunities available to them in the various | 4 |
| businesses and
industries. Special consideration shall be | 5 |
| given to counseling minority
students as to career | 6 |
| opportunities available to them in various fields.
For the | 7 |
| purposes of this paragraph, minority student means a person | 8 |
| who is:
| 9 |
| (a) Black (a person having origins in any of the | 10 |
| black racial groups
in Africa);
| 11 |
| (b) Hispanic (a person of Spanish or Portuguese | 12 |
| culture with
origins in Mexico, South or Central | 13 |
| America, or the Caribbean islands,
regardless of | 14 |
| race);
| 15 |
| (c) Asian American (a person having origins in any | 16 |
| of the original
peoples of the Far East, Southeast | 17 |
| Asia, the Indian Subcontinent or the
Pacific Islands); | 18 |
| or
| 19 |
| (d) American Indian or Alaskan Native (a person | 20 |
| having origins in any of
the original peoples of North | 21 |
| America).
| 22 |
| Counseling days shall not be in lieu of regular school | 23 |
| days;
| 24 |
| 22. To report to the State Board of Education the | 25 |
| annual
student dropout rate and number of students who | 26 |
| graduate from, transfer
from or otherwise leave bilingual | 27 |
| programs;
| 28 |
| 23. Except as otherwise provided in the Abused and | 29 |
| Neglected Child
Reporting Act or other applicable State or | 30 |
| federal law, to permit school
officials to withhold, from | 31 |
| any person, information on the whereabouts of
any child | 32 |
| removed from school premises when the child has been taken | 33 |
| into
protective custody as a victim of suspected child | 34 |
| abuse. School officials
shall direct such person to the |
|
|
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| Department of Children and Family Services,
or to the local | 2 |
| law enforcement agency if appropriate;
| 3 |
| 24. To develop a policy, based on the current state of | 4 |
| existing school
facilities, projected enrollment and | 5 |
| efficient utilization of available
resources, for capital | 6 |
| improvement of schools and school buildings within
the | 7 |
| district, addressing in that policy both the relative | 8 |
| priority for
major repairs, renovations and additions to | 9 |
| school facilities, and the
advisability or necessity of | 10 |
| building new school facilities or closing
existing schools | 11 |
| to meet current or projected demographic patterns within
| 12 |
| the district , provided that any policy regarding school | 13 |
| closings or the creation of new or different schools in | 14 |
| existing school buildings shall be developed after public | 15 |
| hearings and debate and with the assistance of | 16 |
| representatives of parent, teacher, and community | 17 |
| stakeholders ;
| 18 |
| 25. To make available to the students in every high | 19 |
| school attendance
center the ability to take all courses | 20 |
| necessary to comply with the Board
of Higher Education's | 21 |
| college entrance criteria effective in 1993;
| 22 |
| 26. To encourage mid-career changes into the teaching | 23 |
| profession,
whereby qualified professionals become | 24 |
| certified teachers, by allowing
credit for professional | 25 |
| employment in related fields when determining point
of | 26 |
| entry on teacher pay scale;
| 27 |
| 27. To provide or contract out training programs for | 28 |
| administrative
personnel and principals with revised or | 29 |
| expanded duties pursuant to this
Act in order to assure | 30 |
| they have the knowledge and skills to perform
their duties;
| 31 |
| 28. To establish a fund for the prioritized special | 32 |
| needs programs, and
to allocate such funds and other lump | 33 |
| sum amounts to each attendance center
in a manner | 34 |
| consistent with the provisions of part 4 of Section 34-2.3.
|
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| 1 |
| Nothing in this paragraph shall be construed to require any | 2 |
| additional
appropriations of State funds for this purpose;
| 3 |
| 29. (Blank);
| 4 |
| 30. Notwithstanding any other provision of this Act or | 5 |
| any other law to
the contrary, to contract with third | 6 |
| parties for services otherwise performed
by employees, | 7 |
| including those in a bargaining unit, and to layoff those
| 8 |
| employees upon 14 days written notice to the affected | 9 |
| employees , provided that: . | 10 |
| (a) any contract with a third party for the governance | 11 |
| and administration of an entire school, as opposed to the | 12 |
| provision of a limited number of employees, must ensure | 13 |
| that the third party complies with statutes, regulations, | 14 |
| rules, and policy provisions concerning the following: | 15 |
| (i) student civil rights; | 16 |
| (ii) staff civil rights; | 17 |
| (iii) health and safety; | 18 |
| (iv) performance and financial audits; | 19 |
| (v) Local School Council provisions, including | 20 |
| required statements
of economic disclosure; | 21 |
| (vi) the Open Meetings Act; | 22 |
| (vii) the Freedom of Information Act; | 23 |
| (viii) the Illinois goals and assessment program; | 24 |
| (ix) Chicago learning outcomes; | 25 |
| (x) Sections 2-3.25a through 2-3.25j of this Code; | 26 |
| and | 27 |
| (xi) collective bargaining agreements; and | 28 |
| (b) any such contract ensures, to the maximum extent | 29 |
| practicable, (i) that improved student learning will be the | 30 |
| paramount priority and outcome, (ii) the adoption of high, | 31 |
| rigorous standards of achievement and outcome for all | 32 |
| students and staff, (iii) the use of shared, collegial | 33 |
| decision-making among staff, (iv) parental and community | 34 |
| integration and involvement, (v) the development of |
|
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| collaborative relationships with health and human services | 2 |
| agencies, and
(vi) fiscally responsible and efficient use | 3 |
| of funds and resources. | 4 |
| The
Those
contracts may be for a period not to exceed 5 | 5 |
| years and may be awarded on a
system-wide basis;
| 6 |
| 31. To promulgate rules establishing procedures | 7 |
| governing the layoff or
reduction in force of employees and | 8 |
| the recall of such employees, including,
but not limited | 9 |
| to, criteria for such layoffs, reductions in force or | 10 |
| recall
rights of such employees and the weight to be given | 11 |
| to any particular
criterion. Such criteria shall take into | 12 |
| account factors including, but not be
limited to, | 13 |
| qualifications, certifications, experience, performance | 14 |
| ratings or
evaluations, and any other factors relating to | 15 |
| an employee's job performance;
| 16 |
| 32. To develop a policy to prevent nepotism in the | 17 |
| hiring of personnel
or the selection of contractors;
| 18 |
| 33. To enter into a partnership agreement, as required | 19 |
| by
Section 34-3.5 of this Code, and, notwithstanding any | 20 |
| other
provision of law to the contrary, to promulgate | 21 |
| policies, enter into
contracts, and take any other action | 22 |
| necessary to accomplish the
objectives and implement the | 23 |
| requirements of that agreement; and
| 24 |
| 34. To establish a Labor Management Council to the | 25 |
| board
comprised of representatives of the board, the chief | 26 |
| executive
officer, and those labor organizations that are | 27 |
| the exclusive
representatives of employees of the board and | 28 |
| to promulgate
policies and procedures for the operation of | 29 |
| the Council.
| 30 |
| The specifications of the powers herein granted are not to | 31 |
| be
construed as exclusive but the board shall also exercise all | 32 |
| other
powers that they may be requisite or proper for the | 33 |
| maintenance and the
development of a public school system, not | 34 |
| inconsistent with the other
provisions of this Article or |
|
|
|
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| 1 |
| provisions of this Code which apply to all
school districts.
| 2 |
| In addition to the powers herein granted and authorized to | 3 |
| be exercised
by the board, it shall be the duty of the board to | 4 |
| review or to direct
independent reviews of special education | 5 |
| expenditures and services.
The board shall file a report of | 6 |
| such review with the General Assembly on
or before May 1, 1990.
| 7 |
| (Source: P.A. 92-109, eff. 7-20-01; 92-527, eff. 6-1-02; | 8 |
| 92-724, eff. 7-25-02; 93-3, eff. 4-16-03; 93-1036, eff. | 9 |
| 9-14-04.)
| 10 |
| Section 90. The State Mandates Act is amended by adding | 11 |
| Section 8.29 as
follows:
| 12 |
| (30 ILCS 805/8.29 new)
| 13 |
| Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 | 14 |
| of this
Act, no reimbursement by the State is required for the | 15 |
| implementation of
any mandate created by this amendatory Act of | 16 |
| the 94th General Assembly. ".
|
|