Full Text of HB3239 99th General Assembly
HB3239ham001 99TH GENERAL ASSEMBLY | Rep. Jaime M. Andrade, Jr. Filed: 4/6/2016
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| 1 | | AMENDMENT TO HOUSE BILL 3239
| 2 | | AMENDMENT NO. ______. Amend House Bill 3239 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Section | 5 | | 34-2.1 as follows:
| 6 | | (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
| 7 | | Sec. 34-2.1. Local School Councils - Composition - | 8 | | Voter-Eligibility
- Elections - Terms. | 9 | | (a) A local school council shall be established for each | 10 | | attendance
center within the school district. Each local school | 11 | | council shall
consist of the following 12 voting members: the | 12 | | principal of the
attendance center, 2 teachers employed and | 13 | | assigned to perform the
majority of their employment duties at | 14 | | the attendance center, 6 parents of
students currently enrolled | 15 | | at the attendance center, one employee of the school district | 16 | | employed and assigned to perform the majority of his or her |
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| 1 | | employment duties at the attendance center who is not a | 2 | | teacher, and 2 community
residents. Neither the parents nor the | 3 | | community residents who serve as
members of the local school | 4 | | council shall be employees of the Board of
Education. In each | 5 | | secondary attendance center, the local school council
shall | 6 | | consist of 13 voting members -- the 12 voting members described | 7 | | above
and one full-time student member, elected by students | 8 | | beginning with the 2016 local school council election appointed | 9 | | as provided in subsection
(m) below .
In the event that the | 10 | | chief executive officer of the Chicago School Reform
Board of | 11 | | Trustees determines that a local school council is not carrying | 12 | | out
its financial duties effectively, the chief executive | 13 | | officer is authorized to
appoint a representative of the | 14 | | business community with experience in finance
and management
to | 15 | | serve as an advisor to the local school council for
the purpose | 16 | | of providing advice and assistance to the local school council | 17 | | on
fiscal matters.
The advisor shall have access to relevant | 18 | | financial records of the
local school council. The advisor may | 19 | | attend executive sessions.
The chief executive officer shall
| 20 | | issue a written policy defining the circumstances under which a | 21 | | local school
council is not carrying out its financial duties | 22 | | effectively.
| 23 | | (b) Within 7 days of January 11, 1991, the Mayor shall | 24 | | appoint the
members and officers (a Chairperson who shall be a | 25 | | parent member and a
Secretary) of each local school council who | 26 | | shall hold their offices until
their successors shall be |
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| 1 | | elected and qualified. Members so appointed shall
have all the | 2 | | powers and duties of local school councils as set forth in
this | 3 | | amendatory Act of 1991. The Mayor's appointments shall not | 4 | | require
approval by the City Council.
| 5 | | The membership of each local school council shall be | 6 | | encouraged to be
reflective of the racial and ethnic | 7 | | composition of the student population
of the attendance center | 8 | | served by the local school council.
| 9 | | (c) The Beginning with the 1995-1996 school year and in | 10 | | every even-numbered
year thereafter, the Board shall set second | 11 | | semester Parent Report Card
Pick-up Day for Local School | 12 | | Council elections and may schedule elections at
year-round | 13 | | schools for the same dates as the remainder of the school | 14 | | system. Parent and community resident members of local school | 15 | | councils shall be elected in every even-numbered year. Student | 16 | | members of high school councils shall be elected every year by | 17 | | eligible student voters.
Elections shall be
conducted as | 18 | | provided herein by the Board of Education in consultation with
| 19 | | the local school council at each attendance center.
| 20 | | (d) The Beginning with the 1995-96 school year, the | 21 | | following
procedures shall apply to the election of local | 22 | | school council members at each
attendance center , with | 23 | | subdivisions (i) through (vi) applying to members other than | 24 | | student members :
| 25 | | (i) The elected members of each local school council | 26 | | shall consist of
the 6 parent members and the 2 community |
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| 1 | | resident members.
| 2 | | (ii) Each elected member shall be elected by the | 3 | | eligible voters of
that attendance center to serve for a | 4 | | two-year term
commencing on July 1
immediately following | 5 | | the election described in subsection
(c). Eligible
voters | 6 | | for each attendance center shall consist of the parents and | 7 | | community
residents for that attendance center and, for a | 8 | | secondary attendance center, all students enrolled at that | 9 | | secondary attendance center who are 17 years of age or | 10 | | older or who are 16 years of age but will turn 17 years of | 11 | | age before the start of the local school council's next | 12 | | term .
| 13 | | (iii) Each eligible voter shall be entitled
to cast one | 14 | | vote for up to
a total of 5 candidates, irrespective of | 15 | | whether such candidates are parent
or community resident | 16 | | candidates.
| 17 | | (iv) Each parent voter shall be entitled to vote in the | 18 | | local
school
council election at each attendance center in | 19 | | which he or she has a child
currently enrolled. Each | 20 | | community resident voter shall be entitled to
vote in the | 21 | | local school council election at each attendance center for
| 22 | | which he or she resides in the applicable attendance area | 23 | | or voting
district, as the case may be. Each student voter | 24 | | shall be entitled to vote in the local school council | 25 | | election for the secondary attendance center in which he or | 26 | | she is enrolled.
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| 1 | | (v) Each eligible voter shall be entitled to vote once, | 2 | | but
not more
than once, in the local school council | 3 | | election at each attendance center
at which the voter is | 4 | | eligible to vote.
| 5 | | (vi) The 2 teacher members and the non-teacher employee | 6 | | member of each local school council
shall be
appointed as | 7 | | provided in subsection (l) below each to serve for a
| 8 | | two-year
term coinciding with that of the elected parent | 9 | | and community resident
members.
| 10 | | (vii) At secondary attendance centers, the voting | 11 | | student
member shall
be elected by all 10th and 11th grade | 12 | | students enrolled at the secondary attendance center. | 13 | | Student voters are entitled to cast one vote for a student | 14 | | candidate in addition to being eligible to vote for parent | 15 | | and community resident candidates under this subsection | 16 | | (d). A student member shall be elected appointed as | 17 | | provided in subsection (m) below to serve
for a one-year | 18 | | term coinciding with the beginning of the terms of the | 19 | | elected
parent and community members of the local school | 20 | | council. In order to be eligible to be a student member, a | 21 | | person must attend the secondary attendance center for | 22 | | which he or she is running as a member of the local school | 23 | | council and must be 17 years of age or older or 16 years of | 24 | | age so long as the student will turn 17 years of age before | 25 | | the start of the local school council's next term.
| 26 | | (e) The Council shall publicize the date and place of the |
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| 1 | | election by
posting notices at the attendance center, in public | 2 | | places within the
attendance boundaries of the attendance | 3 | | center and by distributing notices
to the pupils at the | 4 | | attendance center, and shall utilize such other means
as it | 5 | | deems necessary to maximize the involvement of all eligible | 6 | | voters.
| 7 | | (f) Nomination. The Council shall publicize the opening of | 8 | | nominations
by posting notices at the attendance center, in | 9 | | public places within the
attendance boundaries of the | 10 | | attendance center and by distributing notices
to the pupils at | 11 | | the attendance center, and shall utilize such other means
as it | 12 | | deems necessary to maximize the involvement of all eligible | 13 | | voters.
Not less than 2 weeks before the election date, persons | 14 | | eligible to run for
the Council shall submit their name,
date | 15 | | of birth, social
security number, if
available,
and some | 16 | | evidence of eligibility
to the Council. The Council shall | 17 | | encourage nomination of candidates
reflecting the | 18 | | racial/ethnic population of the students at the attendance
| 19 | | center. Each person nominated who runs as a candidate shall | 20 | | disclose, in a
manner determined by the Board, any economic | 21 | | interest held by such person,
by such person's spouse or | 22 | | children, or by each business entity in which
such person has | 23 | | an ownership interest, in any contract with the Board, any
| 24 | | local school council or any public school in the school
| 25 | | district.
Each person
nominated who runs as a candidate shall | 26 | | also disclose, in a manner determined
by the Board, if he or |
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| 1 | | she ever has been convicted of any of the offenses
specified in | 2 | | subsection (c) of Section 34-18.5; provided that neither this
| 3 | | provision nor any other provision of this Section shall be | 4 | | deemed to require
the disclosure of any information that is | 5 | | contained in any law enforcement
record or juvenile court | 6 | | record that is confidential or whose accessibility or
| 7 | | disclosure is restricted or prohibited under Section 5-901 or
| 8 | | 5-905 of the Juvenile
Court Act of 1987.
Failure to make such | 9 | | disclosure shall render a person ineligible
for election or to | 10 | | serve on the local school council. The same
disclosure shall be
| 11 | | required of persons under consideration for appointment to the | 12 | | Council
pursuant to subsection subsections (l) and (m) of this | 13 | | Section.
| 14 | | (f-5) Notwithstanding disclosure, a person who has been | 15 | | convicted of any
of
the
following offenses at any time shall be | 16 | | ineligible for election or appointment
to a local
school | 17 | | council and ineligible for appointment to a local school | 18 | | council
pursuant to subsection
subsections (l) and (m) of this | 19 | | Section: (i) those defined in Section 11-1.20, 11-1.30, | 20 | | 11-1.40, 11-1.50, 11-1.60, 11-6,
11-9.1, 11-14.4, 11-16,
| 21 | | 11-17.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, | 22 | | 12-13, 12-14, 12-14.1, 12-15, or
12-16, or subdivision (a)(2) | 23 | | of Section 11-14.3, of the
Criminal Code of 1961 or the | 24 | | Criminal Code of 2012, or (ii) any offense committed or | 25 | | attempted in any other
state or
against the laws of the United | 26 | | States, which, if committed or attempted in this
State,
would |
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| 1 | | have been punishable as one or more of the foregoing offenses.
| 2 | | Notwithstanding
disclosure, a person who has been convicted of | 3 | | any of the following offenses
within the
10 years previous to | 4 | | the date of nomination or appointment shall be ineligible
for | 5 | | election or
appointment to a local school council:
(i) those | 6 | | defined in Section 401.1, 405.1, or 405.2 of the Illinois | 7 | | Controlled
Substances Act or (ii) any
offense committed
or | 8 | | attempted in any other state or against the laws of the United | 9 | | States,
which, if
committed or attempted in this State, would | 10 | | have been punishable as one or more
of the
foregoing offenses.
| 11 | | Immediately upon election or appointment, incoming local | 12 | | school
council members
shall be
required to undergo a criminal | 13 | | background investigation, to be completed prior
to the member | 14 | | taking office,
in order to identify
any criminal convictions | 15 | | under the offenses enumerated in Section 34-18.5.
The | 16 | | investigation shall be conducted by the Department of State | 17 | | Police in the
same manner as provided for in Section 34-18.5. | 18 | | However, notwithstanding
Section 34-18.5, the social security | 19 | | number shall be provided only if
available.
If it is determined | 20 | | at any time that a local school council member or
member-elect | 21 | | has been convicted
of any of the offenses enumerated in this | 22 | | Section or failed to disclose a
conviction of any of the | 23 | | offenses enumerated in Section 34-18.5, the general
| 24 | | superintendent shall notify the local school council member or | 25 | | member-elect of
such
determination and the local school council | 26 | | member or member-elect shall be
removed from the
local school |
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| 1 | | council by the Board, subject to a hearing,
convened pursuant | 2 | | to Board rule, prior to removal.
| 3 | | (g) At least one week before the election date, the Council | 4 | | shall
publicize, in the manner provided in subsection (e), the | 5 | | names of persons
nominated for election.
| 6 | | (h) Voting shall be in person by secret ballot at the | 7 | | attendance center
between the hours of 6:00 a.m. and 7:00 p.m.
| 8 | | (i) Candidates receiving the highest number of votes shall | 9 | | be declared
elected by the Council. In cases of a tie, the | 10 | | Council shall determine the
winner by lot.
| 11 | | (j) The Council shall certify the results of the election | 12 | | and shall
publish the results in the minutes of the Council.
| 13 | | (k) The general superintendent shall resolve any
disputes
| 14 | | concerning election procedure or results and shall ensure that, | 15 | | except as
provided in subsections (e) and (g), no resources of | 16 | | any attendance center
shall be used to endorse or promote any | 17 | | candidate.
| 18 | | (l) Beginning with the 1995-1996 school year
and in every
| 19 | | even numbered
year thereafter, the Board shall appoint 2 | 20 | | teacher
members to each
local school council. These | 21 | | appointments shall be made in the following
manner:
| 22 | | (i) The Board shall appoint 2 teachers who are
employed | 23 | | and assigned to
perform the majority of
their employment | 24 | | duties at the attendance center
to serve on the local | 25 | | school council of the attendance center for a two-year
term | 26 | | coinciding with the terms of the elected parent and
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| 1 | | community members of that local school council. These
| 2 | | appointments shall be made from among those teachers who | 3 | | are nominated in
accordance with subsection (f).
| 4 | | (ii) A non-binding, advisory poll to ascertain the
| 5 | | preferences of the
school staff regarding appointments of | 6 | | teachers to the local school council
for that attendance | 7 | | center shall be conducted in accordance with the
procedures | 8 | | used to elect parent and community Council | 9 | | representatives. At
such poll, each member of the school | 10 | | staff shall be entitled to indicate
his or her preference | 11 | | for up to 2 candidates from among those who submitted
| 12 | | statements of candidacy as described above. These | 13 | | preferences shall be
advisory only and the Board shall | 14 | | maintain absolute discretion to appoint
teacher members to | 15 | | local school councils, irrespective of the preferences
| 16 | | expressed in any such poll.
| 17 | | (iii) In the event that a teacher representative is | 18 | | unable to perform
his or her employment duties at the | 19 | | school due to illness, disability, leave of
absence, | 20 | | disciplinary action, or any other reason, the Board shall | 21 | | declare
a temporary vacancy and appoint a replacement | 22 | | teacher representative to serve
on the local school council | 23 | | until such time as the teacher member originally
appointed | 24 | | pursuant to this subsection (l) resumes service at the | 25 | | attendance
center or for the remainder of the term. The | 26 | | replacement teacher
representative shall be appointed in |
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| 1 | | the same manner and by the same procedures
as teacher | 2 | | representatives are appointed in subdivisions (i) and (ii) | 3 | | of this
subsection (l).
| 4 | | (m) (Blank). Beginning with the 1995-1996 school year, and | 5 | | in every
year thereafter, the Board shall appoint one student | 6 | | member to each
secondary attendance center. These appointments | 7 | | shall be made 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 |
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| 1 | | non-binding, advisory polls shall be
transmitted by the | 2 | | principal to the Board. However, these preferences
shall be | 3 | | advisory only and the Board shall maintain absolute | 4 | | discretion to
appoint student members to local school | 5 | | councils, irrespective of the
preferences expressed in any | 6 | | such poll.
| 7 | | (iii) For the 1995-96 school year only, appointments | 8 | | shall be made from
among those students who submitted | 9 | | statements of candidacy to the principal
of the attendance | 10 | | center during the first 2 weeks of the school year.
The
| 11 | | principal shall communicate the results of any nonbinding, | 12 | | advisory poll to the
Board. These results shall be advisory | 13 | | only, and the Board shall maintain
absolute discretion to | 14 | | appoint student members to local school councils,
| 15 | | irrespective of the preferences expressed in any such poll.
| 16 | | (n) The Board may promulgate such other rules and | 17 | | regulations for
election procedures as may be deemed necessary | 18 | | to ensure fair elections.
| 19 | | (o) In the event that a vacancy occurs during a member's | 20 | | term, the
Council shall appoint a person eligible to serve on | 21 | | the Council, to fill
the unexpired term created by the vacancy, | 22 | | except that any teacher vacancy
shall be filled by the Board | 23 | | after considering the preferences of the school
staff as | 24 | | ascertained through a non-binding advisory poll of school | 25 | | staff.
| 26 | | (p) If less than the specified number of persons is elected |
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| 1 | | within each
candidate category, the newly elected local school | 2 | | council shall appoint
eligible persons to serve as members of | 3 | | the Council for 2-year two-year terms or, in the case of a | 4 | | student member of a high school council, appoint an eligible | 5 | | person to serve a one-year term .
| 6 | | (q) The Board shall promulgate rules regarding conflicts of | 7 | | interest
and disclosure of economic interests which shall apply | 8 | | to local school
council members and which shall require reports | 9 | | or statements to be filed
by Council members at regular | 10 | | intervals with the Secretary of the
Board. Failure to comply | 11 | | with such rules
or intentionally falsifying such reports shall | 12 | | be grounds for
disqualification from local school council | 13 | | membership. A vacancy on the
Council for disqualification may | 14 | | be so declared by the Secretary of the
Board. Rules regarding | 15 | | conflicts of interest and disclosure of
economic interests | 16 | | promulgated by the Board shall apply to local school council
| 17 | | members. No less than 45 days prior to the deadline, the | 18 | | general
superintendent shall provide notice, by mail, to each | 19 | | local school council
member of all requirements and forms for | 20 | | compliance with economic interest
statements.
| 21 | | (r) (1) If a parent member of a local school council ceases | 22 | | to have any
child
enrolled in the attendance center governed by | 23 | | the Local School Council due to
the graduation or voluntary | 24 | | transfer of a child or children from the attendance
center, the | 25 | | parent's membership on the Local School Council and all voting
| 26 | | rights are terminated immediately as of the date of the child's |
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| 1 | | graduation or
voluntary transfer. If the child of a parent | 2 | | member of a local school council dies during the member's term | 3 | | in office, the member may continue to serve on the local school | 4 | | council for the balance of his or her term. Further,
a local | 5 | | school council member may be removed from the Council by a
| 6 | | majority vote of the Council as provided in subsection (c) of | 7 | | Section
34-2.2 if the Council member has missed 3 consecutive | 8 | | regular meetings, not
including committee meetings, or 5 | 9 | | regular meetings in a 12 month period,
not including committee | 10 | | meetings.
If a parent member of a local school council ceases | 11 | | to be eligible to serve
on the Council for any other reason, he | 12 | | or she shall be removed by the Board
subject
to a hearing, | 13 | | convened pursuant to Board rule, prior to removal.
A vote to | 14 | | remove a Council member by the local school council shall
only | 15 | | be valid if the Council member has been notified personally or | 16 | | by
certified mail, mailed to the person's last known address, | 17 | | of the Council's
intent to vote on the Council member's removal | 18 | | at least 7 days prior to the
vote. The Council member in | 19 | | question shall have the right to explain
his or her actions and | 20 | | shall be eligible to vote on the
question of his or her removal | 21 | | from the Council. The provisions of this
subsection shall be | 22 | | contained within the petitions used to nominate Council
| 23 | | candidates.
| 24 | | (2) A person may continue to serve as a community resident | 25 | | member of a
local
school council as long as he or she resides | 26 | | in the attendance area served by
the
school and is not employed |
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| 1 | | by the Board nor is a parent of a student enrolled
at the | 2 | | school. If a community resident member ceases to be eligible to | 3 | | serve
on the Council, he or she shall be removed by the Board | 4 | | subject to a hearing,
convened pursuant to Board rule, prior to | 5 | | removal.
| 6 | | (3) A person may continue to serve as a teacher member of a | 7 | | local school
council as long as he or she is employed and | 8 | | assigned to perform a majority of
his or her duties at the | 9 | | school, provided that if the teacher representative
resigns | 10 | | from employment with the Board or
voluntarily transfers to | 11 | | another school, the teacher's membership on the local
school | 12 | | council and all voting rights are terminated immediately as of | 13 | | the date
of the teacher's resignation or upon the date of the | 14 | | teacher's voluntary
transfer to another school. If a teacher | 15 | | member of a local school council
ceases to be eligible to serve | 16 | | on a local school council for any other reason,
that member | 17 | | shall be removed by the Board subject to a hearing, convened
| 18 | | pursuant to Board rule, prior to removal.
| 19 | | (4) A person may continue to serve as a student member of a | 20 | | high school council as long as he or she is enrolled in the | 21 | | attendance center governed by the council. However, a student | 22 | | graduating from that attendance center at the end of the school | 23 | | year may continue to serve for the remainder of his or her | 24 | | term. If a student member ceases to be eligible to serve on the | 25 | | council, he or she shall be removed by the Board subject to a | 26 | | hearing, convened pursuant to Board rule, prior to removal. |
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| 1 | | (Source: P.A. 96-1412, eff. 1-1-11; 96-1551, eff. 7-1-11; | 2 | | 97-1150, eff. 1-25-13.)".
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