Illinois General Assembly - Full Text of HB3239
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Full Text of HB3239  99th General Assembly

HB3239ham002 99TH GENERAL ASSEMBLY

Rep. Jaime M. Andrade, Jr.

Filed: 4/14/2016

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3239

2    AMENDMENT NO. ______. Amend House Bill 3239 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Section
534-2.1 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 -
8Voter-Eligibility - Elections - Terms.
9    (a) A local school council shall be established for each
10attendance center within the school district. Each local school
11council shall consist of the following 12 voting members: the
12principal of the attendance center, 2 teachers employed and
13assigned to perform the majority of their employment duties at
14the attendance center, 6 parents of students currently enrolled
15at the attendance center, one employee of the school district
16employed and assigned to perform the majority of his or her

 

 

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1employment duties at the attendance center who is not a
2teacher, and 2 community residents. If the community resident
3member of the local school council attends a secondary
4attendance center, the student may only be a member of the
5local school council for the secondary attendance center he or
6she attends. Neither the parents nor the community residents
7who serve as members of the local school council shall be
8employees of the Board of Education. In each secondary
9attendance center, the local school council shall consist of 13
10voting members -- the 12 voting members described above and one
11full-time student member, appointed as provided in subsection
12(m) below. In the event that the chief executive officer of the
13Chicago School Reform Board of Trustees determines that a local
14school council is not carrying out its financial duties
15effectively, the chief executive officer is authorized to
16appoint a representative of the business community with
17experience in finance and management to serve as an advisor to
18the local school council for the purpose of providing advice
19and assistance to the local school council on fiscal matters.
20The advisor shall have access to relevant financial records of
21the local school council. The advisor may attend executive
22sessions. The chief executive officer shall issue a written
23policy defining the circumstances under which a local school
24council is not carrying out its financial duties effectively.
25    (b) Within 7 days of January 11, 1991, the Mayor shall
26appoint the members and officers (a Chairperson who shall be a

 

 

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1parent member and a Secretary) of each local school council who
2shall hold their offices until their successors shall be
3elected and qualified. Members so appointed shall have all the
4powers and duties of local school councils as set forth in this
5amendatory Act of 1991. The Mayor's appointments shall not
6require approval by the City Council.
7    The membership of each local school council shall be
8encouraged to be reflective of the racial and ethnic
9composition of the student population of the attendance center
10served by the local school council.
11    (c) Beginning with the 1995-1996 school year and in every
12even-numbered year thereafter, the Board shall set second
13semester Parent Report Card Pick-up Day for Local School
14Council elections and may schedule elections at year-round
15schools for the same dates as the remainder of the school
16system. Elections shall be conducted as provided herein by the
17Board of Education in consultation with the local school
18council at each attendance center.
19    (d) Beginning with the 1995-96 school year, the following
20procedures shall apply to the election of local school council
21members at each attendance center:
22        (i) The elected members of each local school council
23    shall consist of the 6 parent members and the 2 community
24    resident members.
25        (ii) Each elected member shall be elected by the
26    eligible voters of that attendance center to serve for a

 

 

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

 

 

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1    (m) below to serve for a one-year term coinciding with the
2    beginning of the terms of the elected parent and community
3    members of the local school council.
4    (e) The Council shall publicize the date and place of the
5election by posting notices at the attendance center, in public
6places within the attendance boundaries of the attendance
7center and by distributing notices to the pupils at the
8attendance center, and shall utilize such other means as it
9deems necessary to maximize the involvement of all eligible
10voters.
11    (f) Nomination. The Council shall publicize the opening of
12nominations by posting notices at the attendance center, in
13public places within the attendance boundaries of the
14attendance center and by distributing notices to the pupils at
15the attendance center, and shall utilize such other means as it
16deems necessary to maximize the involvement of all eligible
17voters. Not less than 2 weeks before the election date, persons
18eligible to run for the Council shall submit their name, date
19of birth, social security number, if available, and some
20evidence of eligibility to the Council. The Council shall
21encourage nomination of candidates reflecting the
22racial/ethnic population of the students at the attendance
23center. Each person nominated who runs as a candidate shall
24disclose, in a manner determined by the Board, any economic
25interest held by such person, by such person's spouse or
26children, or by each business entity in which such person has

 

 

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1an ownership interest, in any contract with the Board, any
2local school council or any public school in the school
3district. Each person nominated who runs as a candidate shall
4also disclose, in a manner determined by the Board, if he or
5she ever has been convicted of any of the offenses specified in
6subsection (c) of Section 34-18.5; provided that neither this
7provision nor any other provision of this Section shall be
8deemed to require the disclosure of any information that is
9contained in any law enforcement record or juvenile court
10record that is confidential or whose accessibility or
11disclosure is restricted or prohibited under Section 5-901 or
125-905 of the Juvenile Court Act of 1987. Failure to make such
13disclosure shall render a person ineligible for election or to
14serve on the local school council. The same disclosure shall be
15required of persons under consideration for appointment to the
16Council pursuant to subsections (l) and (m) of this Section.
17    (f-5) Notwithstanding disclosure, a person who has been
18convicted of any of the following offenses at any time shall be
19ineligible for election or appointment to a local school
20council and ineligible for appointment to a local school
21council pursuant to subsections (l) and (m) of this Section:
22(i) those defined in Section 11-1.20, 11-1.30, 11-1.40,
2311-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16, 11-17.1,
2411-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
2512-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2) of
26Section 11-14.3, of the Criminal Code of 1961 or the Criminal

 

 

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1Code of 2012, or (ii) any offense committed or attempted in any
2other state or against the laws of the United States, which, if
3committed or attempted in this State, would have been
4punishable as one or more of the foregoing offenses.
5Notwithstanding disclosure, a person who has been convicted of
6any of the following offenses within the 10 years previous to
7the date of nomination or appointment shall be ineligible for
8election or appointment to a local school council: (i) those
9defined in Section 401.1, 405.1, or 405.2 of the Illinois
10Controlled Substances Act or (ii) any offense committed or
11attempted in any other state or against the laws of the United
12States, which, if committed or attempted in this State, would
13have been punishable as one or more of the foregoing offenses.
14    Immediately upon election or appointment, incoming local
15school council members shall be required to undergo a criminal
16background investigation, to be completed prior to the member
17taking office, in order to identify any criminal convictions
18under the offenses enumerated in Section 34-18.5. The
19investigation shall be conducted by the Department of State
20Police in the same manner as provided for in Section 34-18.5.
21However, notwithstanding Section 34-18.5, the social security
22number shall be provided only if available. If it is determined
23at any time that a local school council member or member-elect
24has been convicted of any of the offenses enumerated in this
25Section or failed to disclose a conviction of any of the
26offenses enumerated in Section 34-18.5, the general

 

 

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1superintendent shall notify the local school council member or
2member-elect of such determination and the local school council
3member or member-elect shall be removed from the local school
4council by the Board, subject to a hearing, convened pursuant
5to Board rule, prior to removal.
6    (g) At least one week before the election date, the Council
7shall publicize, in the manner provided in subsection (e), the
8names of persons nominated for election.
9    (h) Voting shall be in person by secret ballot at the
10attendance center between the hours of 6:00 a.m. and 7:00 p.m.
11    (i) Candidates receiving the highest number of votes shall
12be declared elected by the Council. In cases of a tie, the
13Council shall determine the winner by lot.
14    (j) The Council shall certify the results of the election
15and shall publish the results in the minutes of the Council.
16    (k) The general superintendent shall resolve any disputes
17concerning election procedure or results and shall ensure that,
18except as provided in subsections (e) and (g), no resources of
19any attendance center shall be used to endorse or promote any
20candidate.
21    (l) Beginning with the 1995-1996 school year and in every
22even numbered year thereafter, the Board shall appoint 2
23teacher members to each local school council. These
24appointments shall be made in the following manner:
25        (i) The Board shall appoint 2 teachers who are employed
26    and assigned to perform the majority of their employment

 

 

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1    duties at the attendance center to serve on the local
2    school council of the attendance center for a two-year term
3    coinciding with the terms of the elected parent and
4    community members of that local school council. These
5    appointments shall be made from among those teachers who
6    are nominated in accordance with subsection (f).
7        (ii) A non-binding, advisory poll to ascertain the
8    preferences of the school staff regarding appointments of
9    teachers to the local school council for that attendance
10    center shall be conducted in accordance with the procedures
11    used to elect parent and community Council
12    representatives. At such poll, each member of the school
13    staff shall be entitled to indicate his or her preference
14    for up to 2 candidates from among those who submitted
15    statements of candidacy as described above. These
16    preferences shall be advisory only and the Board shall
17    maintain absolute discretion to appoint teacher members to
18    local school councils, irrespective of the preferences
19    expressed in any such poll.
20        (iii) In the event that a teacher representative is
21    unable to perform his or her employment duties at the
22    school due to illness, disability, leave of absence,
23    disciplinary action, or any other reason, the Board shall
24    declare a temporary vacancy and appoint a replacement
25    teacher representative to serve on the local school council
26    until such time as the teacher member originally appointed

 

 

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1    pursuant to this subsection (l) resumes service at the
2    attendance center or for the remainder of the term. The
3    replacement teacher representative shall be appointed in
4    the same manner and by the same procedures as teacher
5    representatives are appointed in subdivisions (i) and (ii)
6    of this subsection (l).
7    (m) Beginning with the 1995-1996 school year, and in every
8year thereafter, the Board shall appoint one student member to
9each secondary attendance center. These appointments shall be
10made in the following manner:
11        (i) Appointments shall be made from among those
12    students who submit statements of candidacy to the
13    principal of the attendance center, such statements to be
14    submitted commencing on the first day of the twentieth week
15    of school and continuing for 2 weeks thereafter. The form
16    and manner of such candidacy statements shall be determined
17    by the Board.
18        (ii) During the twenty-second week of school in every
19    year, the principal of each attendance center shall conduct
20    a non-binding, advisory poll to ascertain the preferences
21    of the school students regarding the appointment of a
22    student to the local school council for that attendance
23    center. At such poll, each student shall be entitled to
24    indicate his or her preference for up to one candidate from
25    among those who submitted statements of candidacy as
26    described above. The Board shall promulgate rules to ensure

 

 

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

 

 

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1ascertained through a non-binding advisory poll of school
2staff.
3    (p) If less than the specified number of persons is elected
4within each candidate category, the newly elected local school
5council shall appoint eligible persons to serve as members of
6the Council for two-year terms.
7    (q) The Board shall promulgate rules regarding conflicts of
8interest and disclosure of economic interests which shall apply
9to local school council members and which shall require reports
10or statements to be filed by Council members at regular
11intervals with the Secretary of the Board. Failure to comply
12with such rules or intentionally falsifying such reports shall
13be grounds for disqualification from local school council
14membership. A vacancy on the Council for disqualification may
15be so declared by the Secretary of the Board. Rules regarding
16conflicts of interest and disclosure of economic interests
17promulgated by the Board shall apply to local school council
18members. No less than 45 days prior to the deadline, the
19general superintendent shall provide notice, by mail, to each
20local school council member of all requirements and forms for
21compliance with economic interest statements.
22    (r) (1) If a parent member of a local school council ceases
23to have any child enrolled in the attendance center governed by
24the Local School Council due to the graduation or voluntary
25transfer of a child or children from the attendance center, the
26parent's membership on the Local School Council and all voting

 

 

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1rights are terminated immediately as of the date of the child's
2graduation or voluntary transfer. If the child of a parent
3member of a local school council dies during the member's term
4in office, the member may continue to serve on the local school
5council for the balance of his or her term. Further, a local
6school council member may be removed from the Council by a
7majority vote of the Council as provided in subsection (c) of
8Section 34-2.2 if the Council member has missed 3 consecutive
9regular meetings, not including committee meetings, or 5
10regular meetings in a 12 month period, not including committee
11meetings. If a parent member of a local school council ceases
12to be eligible to serve on the Council for any other reason, he
13or she shall be removed by the Board subject to a hearing,
14convened pursuant to Board rule, prior to removal. A vote to
15remove a Council member by the local school council shall only
16be valid if the Council member has been notified personally or
17by certified mail, mailed to the person's last known address,
18of the Council's intent to vote on the Council member's removal
19at least 7 days prior to the vote. The Council member in
20question shall have the right to explain his or her actions and
21shall be eligible to vote on the question of his or her removal
22from the Council. The provisions of this subsection shall be
23contained within the petitions used to nominate Council
24candidates.
25    (2) A person may continue to serve as a community resident
26member of a local school council as long as he or she resides

 

 

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1in the attendance area served by the school and is not employed
2by the Board nor is a parent of a student enrolled at the
3school. If a community resident member ceases to be eligible to
4serve on the Council, he or she shall be removed by the Board
5subject to a hearing, convened pursuant to Board rule, prior to
6removal.
7    (3) A person may continue to serve as a teacher member of a
8local school council as long as he or she is employed and
9assigned to perform a majority of his or her duties at the
10school, provided that if the teacher representative resigns
11from employment with the Board or voluntarily transfers to
12another school, the teacher's membership on the local school
13council and all voting rights are terminated immediately as of
14the date of the teacher's resignation or upon the date of the
15teacher's voluntary transfer to another school. If a teacher
16member of a local school council ceases to be eligible to serve
17on a local school council for any other reason, that member
18shall be removed by the Board subject to a hearing, convened
19pursuant to Board rule, prior to removal.
20    (s) As used in this Section only, "community resident"
21means a person, 17 years of age or older, residing within an
22attendance area served by a school, excluding any person who is
23a parent of a student enrolled in that school; provided that
24with respect to any multi-area school, community resident means
25any person, 17 years of age or older, residing within the
26voting district established for that school pursuant to Section

 

 

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134-2.1c, excluding any person who is a parent of a student
2enrolled in that school. This definition does not apply to any
3provisions concerning school boards.
4(Source: P.A. 96-1412, eff. 1-1-11; 96-1551, eff. 7-1-11;
597-1150, eff. 1-25-13.)".