Full Text of SB2085 100th General Assembly
SB2085sam001 100TH GENERAL ASSEMBLY | Sen. Mattie Hunter Filed: 3/2/2017
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| 1 | | AMENDMENT TO SENATE BILL 2085
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2085 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 27A-5, 34-2.1, 34-2.2, 34-2.3, 34-2.3b, 34-2.4b, 34-8.3, and | 6 | | 34-8.4 as follows:
| 7 | | (105 ILCS 5/27A-5)
| 8 | | (Text of Section before amendment by P.A. 99-927 )
| 9 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 10 | | (a) A charter school shall be a public, nonsectarian, | 11 | | nonreligious, non-home
based, and non-profit school. A charter | 12 | | school shall be organized and operated
as a nonprofit | 13 | | corporation or other discrete, legal, nonprofit entity
| 14 | | authorized under the laws of the State of Illinois.
| 15 | | (b) A charter school may be established under this Article | 16 | | by creating a new
school or by converting an existing public |
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| 1 | | school or attendance center to
charter
school status.
Beginning | 2 | | on April 16, 2003 (the effective date of Public Act 93-3), in | 3 | | all new
applications to establish
a charter
school in a city | 4 | | having a population exceeding 500,000, operation of the
charter
| 5 | | school shall be limited to one campus. The changes made to this | 6 | | Section by Public Act 93-3 do not apply to charter schools | 7 | | existing or approved on or before April 16, 2003 (the
effective | 8 | | date of Public Act 93-3). | 9 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 10 | | a cyber school where students engage in online curriculum and | 11 | | instruction via the Internet and electronic communication with | 12 | | their teachers at remote locations and with students | 13 | | participating at different times. | 14 | | From April 1, 2013 through December 31, 2016, there is a | 15 | | moratorium on the establishment of charter schools with | 16 | | virtual-schooling components in school districts other than a | 17 | | school district organized under Article 34 of this Code. This | 18 | | moratorium does not apply to a charter school with | 19 | | virtual-schooling components existing or approved prior to | 20 | | April 1, 2013 or to the renewal of the charter of a charter | 21 | | school with virtual-schooling components already approved | 22 | | prior to April 1, 2013. | 23 | | On or before March 1, 2014, the Commission shall submit to | 24 | | the General Assembly a report on the effect of | 25 | | virtual-schooling, including without limitation the effect on | 26 | | student performance, the costs associated with |
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| 1 | | virtual-schooling, and issues with oversight. The report shall | 2 | | include policy recommendations for virtual-schooling.
| 3 | | (c) A charter school shall be administered and governed by | 4 | | its board of
directors or other governing body
in the manner | 5 | | provided in its charter. The governing body of a charter school
| 6 | | shall be subject to the Freedom of Information Act and the Open | 7 | | Meetings Act. Any charter school operating within a school | 8 | | district organized under Article 34 of this Code shall be | 9 | | administered by a local school council established pursuant to | 10 | | Section 34-2.1 of this Code, with all the normal and usual | 11 | | powers afforded to a local school council operating in a public | 12 | | school.
| 13 | | (d) For purposes of this subsection (d), "non-curricular | 14 | | health and safety requirement" means any health and safety | 15 | | requirement created by statute or rule to provide, maintain, | 16 | | preserve, or safeguard safe or healthful conditions for | 17 | | students and school personnel or to eliminate, reduce, or | 18 | | prevent threats to the health and safety of students and school | 19 | | personnel. "Non-curricular health and safety requirement" does | 20 | | not include any course of study or specialized instructional | 21 | | requirement for which the State Board has established goals and | 22 | | learning standards or which is designed primarily to impart | 23 | | knowledge and skills for students to master and apply as an | 24 | | outcome of their education. | 25 | | A charter school shall comply with all non-curricular | 26 | | health and safety
requirements applicable to public schools |
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| 1 | | under the laws of the State of
Illinois. On or before September | 2 | | 1, 2015, the State Board shall promulgate and post on its | 3 | | Internet website a list of non-curricular health and safety | 4 | | requirements that a charter school must meet. The list shall be | 5 | | updated annually no later than September 1. Any charter | 6 | | contract between a charter school and its authorizer must | 7 | | contain a provision that requires the charter school to follow | 8 | | the list of all non-curricular health and safety requirements | 9 | | promulgated by the State Board and any non-curricular health | 10 | | and safety requirements added by the State Board to such list | 11 | | during the term of the charter. Nothing in this subsection (d) | 12 | | precludes an authorizer from including non-curricular health | 13 | | and safety requirements in a charter school contract that are | 14 | | not contained in the list promulgated by the State Board, | 15 | | including non-curricular health and safety requirements of the | 16 | | authorizing local school board.
| 17 | | (e) Except as otherwise provided in the School Code, a | 18 | | charter school shall
not charge tuition; provided that a | 19 | | charter school may charge reasonable fees
for textbooks, | 20 | | instructional materials, and student activities.
| 21 | | (f) A charter school shall be responsible for the | 22 | | management and operation
of its fiscal affairs including,
but | 23 | | not limited to, the preparation of its budget. An audit of each | 24 | | charter
school's finances shall be conducted annually by an | 25 | | outside, independent
contractor retained by the charter | 26 | | school. To ensure financial accountability for the use of |
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| 1 | | public funds, on or before December 1 of every year of | 2 | | operation, each charter school shall submit to its authorizer | 3 | | and the State Board a copy of its audit and a copy of the Form | 4 | | 990 the charter school filed that year with the federal | 5 | | Internal Revenue Service. In addition, if deemed necessary for | 6 | | proper financial oversight of the charter school, an authorizer | 7 | | may require quarterly financial statements from each charter | 8 | | school.
| 9 | | (g) A charter school shall comply with all provisions of | 10 | | this Article, the Illinois Educational Labor Relations Act, all | 11 | | federal and State laws and rules applicable to public schools | 12 | | that pertain to special education and the instruction of | 13 | | English learners, and
its charter. A charter
school is exempt | 14 | | from all other State laws and regulations in this Code
| 15 | | governing public
schools and local school board policies; | 16 | | however, a charter school is not exempt from the following:
| 17 | | (1) Sections 10-21.9 and 34-18.5 of this Code regarding | 18 | | criminal
history records checks and checks of the Statewide | 19 | | Sex Offender Database and Statewide Murderer and Violent | 20 | | Offender Against Youth Database of applicants for | 21 | | employment;
| 22 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 23 | | 34-84a of this Code regarding discipline of
students;
| 24 | | (3) the Local Governmental and Governmental Employees | 25 | | Tort Immunity Act;
| 26 | | (4) Section 108.75 of the General Not For Profit |
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| 1 | | Corporation Act of 1986
regarding indemnification of | 2 | | officers, directors, employees, and agents;
| 3 | | (5) the Abused and Neglected Child Reporting Act;
| 4 | | (6) the Illinois School Student Records Act;
| 5 | | (7) Section 10-17a of this Code regarding school report | 6 | | cards;
| 7 | | (8) the P-20 Longitudinal Education Data System Act; | 8 | | (9) Section 27-23.7 of this Code regarding bullying | 9 | | prevention; | 10 | | (10) Section 2-3.162 of this Code regarding student | 11 | | discipline reporting; and | 12 | | (11) Section 22-80 of this Code. | 13 | | The change made by Public Act 96-104 to this subsection (g) | 14 | | is declaratory of existing law. | 15 | | (h) A charter school may negotiate and contract with a | 16 | | school district, the
governing body of a State college or | 17 | | university or public community college, or
any other public or | 18 | | for-profit or nonprofit private entity for: (i) the use
of a | 19 | | school building and grounds or any other real property or | 20 | | facilities that
the charter school desires to use or convert | 21 | | for use as a charter school site,
(ii) the operation and | 22 | | maintenance thereof, and
(iii) the provision of any service, | 23 | | activity, or undertaking that the charter
school is required to | 24 | | perform in order to carry out the terms of its charter.
| 25 | | However, a charter school
that is established on
or
after April | 26 | | 16, 2003 (the effective date of Public Act 93-3) and that |
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| 1 | | operates
in a city having a population exceeding
500,000 may | 2 | | not contract with a for-profit entity to
manage or operate the | 3 | | school during the period that commences on April 16, 2003 (the
| 4 | | effective date of Public Act 93-3) and
concludes at the end of | 5 | | the 2004-2005 school year.
Except as provided in subsection (i) | 6 | | of this Section, a school district may
charge a charter school | 7 | | reasonable rent for the use of the district's
buildings, | 8 | | grounds, and facilities. Any services for which a charter | 9 | | school
contracts
with a school district shall be provided by | 10 | | the district at cost. Any services
for which a charter school | 11 | | contracts with a local school board or with the
governing body | 12 | | of a State college or university or public community college
| 13 | | shall be provided by the public entity at cost.
| 14 | | (i) In no event shall a charter school that is established | 15 | | by converting an
existing school or attendance center to | 16 | | charter school status be required to
pay rent for space
that is | 17 | | deemed available, as negotiated and provided in the charter | 18 | | agreement,
in school district
facilities. However, all other | 19 | | costs for the operation and maintenance of
school district | 20 | | facilities that are used by the charter school shall be subject
| 21 | | to negotiation between
the charter school and the local school | 22 | | board and shall be set forth in the
charter.
| 23 | | (j) A charter school may limit student enrollment by age or | 24 | | grade level.
| 25 | | (k) If the charter school is approved by the Commission, | 26 | | then the Commission charter school is its own local education |
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| 1 | | agency. | 2 | | (Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669, | 3 | | eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15; | 4 | | 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff. | 5 | | 7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff. | 6 | | 8-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16.) | 7 | | (Text of Section after amendment by P.A. 99-927 )
| 8 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 9 | | (a) A charter school shall be a public, nonsectarian, | 10 | | nonreligious, non-home
based, and non-profit school. A charter | 11 | | school shall be organized and operated
as a nonprofit | 12 | | corporation or other discrete, legal, nonprofit entity
| 13 | | authorized under the laws of the State of Illinois.
| 14 | | (b) A charter school may be established under this Article | 15 | | by creating a new
school or by converting an existing public | 16 | | school or attendance center to
charter
school status.
Beginning | 17 | | on April 16, 2003 (the effective date of Public Act 93-3), in | 18 | | all new
applications to establish
a charter
school in a city | 19 | | having a population exceeding 500,000, operation of the
charter
| 20 | | school shall be limited to one campus. The changes made to this | 21 | | Section by Public Act 93-3 do not apply to charter schools | 22 | | existing or approved on or before April 16, 2003 (the
effective | 23 | | date of Public Act 93-3). | 24 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 25 | | a cyber school where students engage in online curriculum and |
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| 1 | | instruction via the Internet and electronic communication with | 2 | | their teachers at remote locations and with students | 3 | | participating at different times. | 4 | | From April 1, 2013 through December 31, 2016, there is a | 5 | | moratorium on the establishment of charter schools with | 6 | | virtual-schooling components in school districts other than a | 7 | | school district organized under Article 34 of this Code. This | 8 | | moratorium does not apply to a charter school with | 9 | | virtual-schooling components existing or approved prior to | 10 | | April 1, 2013 or to the renewal of the charter of a charter | 11 | | school with virtual-schooling components already approved | 12 | | prior to April 1, 2013. | 13 | | On or before March 1, 2014, the Commission shall submit to | 14 | | the General Assembly a report on the effect of | 15 | | virtual-schooling, including without limitation the effect on | 16 | | student performance, the costs associated with | 17 | | virtual-schooling, and issues with oversight. The report shall | 18 | | include policy recommendations for virtual-schooling.
| 19 | | (c) A charter school shall be administered and governed by | 20 | | its board of
directors or other governing body
in the manner | 21 | | provided in its charter. The governing body of a charter school
| 22 | | shall be subject to the Freedom of Information Act and the Open | 23 | | Meetings Act. Any charter school operating within a school | 24 | | district organized under Article 34 of this Code shall be | 25 | | administered by a local school council established pursuant to | 26 | | Section 34-2.1 of this Code, with all the normal and usual |
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| 1 | | powers afforded to a local school council operating in a public | 2 | | school.
| 3 | | (d) For purposes of this subsection (d), "non-curricular | 4 | | health and safety requirement" means any health and safety | 5 | | requirement created by statute or rule to provide, maintain, | 6 | | preserve, or safeguard safe or healthful conditions for | 7 | | students and school personnel or to eliminate, reduce, or | 8 | | prevent threats to the health and safety of students and school | 9 | | personnel. "Non-curricular health and safety requirement" does | 10 | | not include any course of study or specialized instructional | 11 | | requirement for which the State Board has established goals and | 12 | | learning standards or which is designed primarily to impart | 13 | | knowledge and skills for students to master and apply as an | 14 | | outcome of their education. | 15 | | A charter school shall comply with all non-curricular | 16 | | health and safety
requirements applicable to public schools | 17 | | under the laws of the State of
Illinois. On or before September | 18 | | 1, 2015, the State Board shall promulgate and post on its | 19 | | Internet website a list of non-curricular health and safety | 20 | | requirements that a charter school must meet. The list shall be | 21 | | updated annually no later than September 1. Any charter | 22 | | contract between a charter school and its authorizer must | 23 | | contain a provision that requires the charter school to follow | 24 | | the list of all non-curricular health and safety requirements | 25 | | promulgated by the State Board and any non-curricular health | 26 | | and safety requirements added by the State Board to such list |
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| 1 | | during the term of the charter. Nothing in this subsection (d) | 2 | | precludes an authorizer from including non-curricular health | 3 | | and safety requirements in a charter school contract that are | 4 | | not contained in the list promulgated by the State Board, | 5 | | including non-curricular health and safety requirements of the | 6 | | authorizing local school board.
| 7 | | (e) Except as otherwise provided in the School Code, a | 8 | | charter school shall
not charge tuition; provided that a | 9 | | charter school may charge reasonable fees
for textbooks, | 10 | | instructional materials, and student activities.
| 11 | | (f) A charter school shall be responsible for the | 12 | | management and operation
of its fiscal affairs including,
but | 13 | | not limited to, the preparation of its budget. An audit of each | 14 | | charter
school's finances shall be conducted annually by an | 15 | | outside, independent
contractor retained by the charter | 16 | | school. To ensure financial accountability for the use of | 17 | | public funds, on or before December 1 of every year of | 18 | | operation, each charter school shall submit to its authorizer | 19 | | and the State Board a copy of its audit and a copy of the Form | 20 | | 990 the charter school filed that year with the federal | 21 | | Internal Revenue Service. In addition, if deemed necessary for | 22 | | proper financial oversight of the charter school, an authorizer | 23 | | may require quarterly financial statements from each charter | 24 | | school.
| 25 | | (g) A charter school shall comply with all provisions of | 26 | | this Article, the Illinois Educational Labor Relations Act, all |
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| 1 | | federal and State laws and rules applicable to public schools | 2 | | that pertain to special education and the instruction of | 3 | | English learners, and
its charter. A charter
school is exempt | 4 | | from all other State laws and regulations in this Code
| 5 | | governing public
schools and local school board policies; | 6 | | however, a charter school is not exempt from the following:
| 7 | | (1) Sections 10-21.9 and 34-18.5 of this Code regarding | 8 | | criminal
history records checks and checks of the Statewide | 9 | | Sex Offender Database and Statewide Murderer and Violent | 10 | | Offender Against Youth Database of applicants for | 11 | | employment;
| 12 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 13 | | 34-84a of this Code regarding discipline of
students;
| 14 | | (3) the Local Governmental and Governmental Employees | 15 | | Tort Immunity Act;
| 16 | | (4) Section 108.75 of the General Not For Profit | 17 | | Corporation Act of 1986
regarding indemnification of | 18 | | officers, directors, employees, and agents;
| 19 | | (5) the Abused and Neglected Child Reporting Act;
| 20 | | (6) the Illinois School Student Records Act;
| 21 | | (7) Section 10-17a of this Code regarding school report | 22 | | cards;
| 23 | | (8) the P-20 Longitudinal Education Data System Act; | 24 | | (9) Section 27-23.7 of this Code regarding bullying | 25 | | prevention; | 26 | | (10) Section 2-3.162 of this Code regarding student |
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| 1 | | discipline reporting; and | 2 | | (11) Sections 22-80 and 27-8.1 of this Code. | 3 | | The change made by Public Act 96-104 to this subsection (g) | 4 | | is declaratory of existing law. | 5 | | (h) A charter school may negotiate and contract with a | 6 | | school district, the
governing body of a State college or | 7 | | university or public community college, or
any other public or | 8 | | for-profit or nonprofit private entity for: (i) the use
of a | 9 | | school building and grounds or any other real property or | 10 | | facilities that
the charter school desires to use or convert | 11 | | for use as a charter school site,
(ii) the operation and | 12 | | maintenance thereof, and
(iii) the provision of any service, | 13 | | activity, or undertaking that the charter
school is required to | 14 | | perform in order to carry out the terms of its charter.
| 15 | | However, a charter school
that is established on
or
after April | 16 | | 16, 2003 (the effective date of Public Act 93-3) and that | 17 | | operates
in a city having a population exceeding
500,000 may | 18 | | not contract with a for-profit entity to
manage or operate the | 19 | | school during the period that commences on April 16, 2003 (the
| 20 | | effective date of Public Act 93-3) and
concludes at the end of | 21 | | the 2004-2005 school year.
Except as provided in subsection (i) | 22 | | of this Section, a school district may
charge a charter school | 23 | | reasonable rent for the use of the district's
buildings, | 24 | | grounds, and facilities. Any services for which a charter | 25 | | school
contracts
with a school district shall be provided by | 26 | | the district at cost. Any services
for which a charter school |
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| 1 | | contracts with a local school board or with the
governing body | 2 | | of a State college or university or public community college
| 3 | | shall be provided by the public entity at cost.
| 4 | | (i) In no event shall a charter school that is established | 5 | | by converting an
existing school or attendance center to | 6 | | charter school status be required to
pay rent for space
that is | 7 | | deemed available, as negotiated and provided in the charter | 8 | | agreement,
in school district
facilities. However, all other | 9 | | costs for the operation and maintenance of
school district | 10 | | facilities that are used by the charter school shall be subject
| 11 | | to negotiation between
the charter school and the local school | 12 | | board and shall be set forth in the
charter.
| 13 | | (j) A charter school may limit student enrollment by age or | 14 | | grade level.
| 15 | | (k) If the charter school is approved by the Commission, | 16 | | then the Commission charter school is its own local education | 17 | | agency. | 18 | | (Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669, | 19 | | eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15; | 20 | | 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff. | 21 | | 7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff. | 22 | | 8-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16; 99-927, | 23 | | eff. 6-1-17.)
| 24 | | (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
| 25 | | Sec. 34-2.1. Local School Councils - Composition - |
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| 1 | | Voter-Eligibility
- Elections - Terms. | 2 | | (a) Notwithstanding any other provision of law, a A local | 3 | | school council shall be established for each attendance
center | 4 | | within the school district , except for private schools . Each | 5 | | local school council shall
consist of the following 12 voting | 6 | | members: the principal of the
attendance center, 2 teachers | 7 | | employed and assigned to perform the
majority of their | 8 | | employment duties at the attendance center, 6 parents of
| 9 | | students currently enrolled at the attendance center, one | 10 | | employee of the school district employed and assigned to | 11 | | perform the majority of his or her employment duties at the | 12 | | attendance center who is not a teacher, and 2 community
| 13 | | residents. Neither the parents nor the community residents who | 14 | | serve as
members of the local school council shall be employees | 15 | | of the Board of
Education. In each secondary attendance center, | 16 | | the local school council
shall consist of 13 voting members -- | 17 | | the 12 voting members described above
and one full-time student | 18 | | member, appointed as provided in subsection
(m) below. In each | 19 | | attendance center enrolling students in 7th or 8th grade, one | 20 | | full-time student member shall be appointed as provided in | 21 | | subsection (m) of this Section.
In the event that the chief | 22 | | executive officer of the Chicago School Reform
Board of | 23 | | Trustees determines that a local school council is not carrying | 24 | | out
its financial duties effectively, the chief executive | 25 | | officer is authorized to
appoint a representative of the | 26 | | business community with experience in finance
and management
to |
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| 1 | | serve as an advisor to the local school council for
the purpose | 2 | | of providing advice and assistance to the local school council | 3 | | on
fiscal matters.
The advisor shall have access to relevant | 4 | | financial records of the
local school council. The advisor may | 5 | | attend executive sessions.
The chief executive officer shall
| 6 | | issue a written policy defining the circumstances under which a | 7 | | local school
council is not carrying out its financial duties | 8 | | effectively.
| 9 | | (b) Within 7 days of January 11, 1991, the Mayor shall | 10 | | appoint the
members and officers (a Chairperson who shall be a | 11 | | parent member and a
Secretary) of each local school council who | 12 | | shall hold their offices until
their successors shall be | 13 | | elected and qualified. Members so appointed shall
have all the | 14 | | powers and duties of local school councils as set forth in
this | 15 | | amendatory Act of 1991. The Mayor's appointments shall not | 16 | | require
approval by the City Council.
| 17 | | The membership of each local school council shall be | 18 | | encouraged to be
reflective of the racial and ethnic | 19 | | composition of the student population
of the attendance center | 20 | | served by the local school council.
| 21 | | (c) Beginning with the 1995-1996 school year and in every | 22 | | even-numbered
year thereafter, the Board shall set second | 23 | | semester Parent Report Card
Pick-up Day for Local School | 24 | | Council elections and may schedule elections at
year-round | 25 | | schools for the same dates as the remainder of the school | 26 | | system.
Elections shall be
conducted as provided herein by the |
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| 1 | | Board of Education in consultation with
the local school | 2 | | council at each attendance center.
| 3 | | (d) Beginning with the 1995-96 school year, the following
| 4 | | procedures shall apply to the election of local school council | 5 | | members at each
attendance center:
| 6 | | (i) The elected members of each local school council | 7 | | shall consist of
the 6 parent members and the 2 community | 8 | | resident members.
| 9 | | (ii) Each elected member shall be elected by the | 10 | | eligible voters of
that attendance center to serve for a | 11 | | two-year term
commencing on July 1
immediately following | 12 | | the election described in subsection
(c). Eligible
voters | 13 | | for each attendance center shall consist of the parents and | 14 | | community
residents for that attendance center.
| 15 | | (iii) Each eligible voter shall be entitled
to cast one | 16 | | vote for up to
a total of 5 candidates, irrespective of | 17 | | whether such candidates are parent
or community resident | 18 | | candidates.
| 19 | | (iv) Each parent voter shall be entitled to vote in the | 20 | | local
school
council election at each attendance center in | 21 | | which he or she has a child
currently enrolled. Each | 22 | | community resident voter shall be entitled to
vote in the | 23 | | local school council election at each attendance center for
| 24 | | which he or she resides in the applicable attendance area | 25 | | or voting
district, as the case may be.
| 26 | | (v) Each eligible voter shall be entitled to vote once, |
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| 1 | | but
not more
than once, in the local school council | 2 | | election at each attendance center
at which the voter is | 3 | | eligible to vote.
| 4 | | (vi) The 2 teacher members and the non-teacher employee | 5 | | member of each local school council
shall be
appointed as | 6 | | provided in subsection (l) below each to serve for a
| 7 | | two-year
term coinciding with that of the elected parent | 8 | | and community resident
members.
| 9 | | (vii) At secondary attendance centers and attendance | 10 | | centers enrolling students in 7th or 8th grade , the voting | 11 | | student
member shall
be appointed as provided in subsection | 12 | | (m) below to serve
for a one-year term coinciding with the | 13 | | beginning of the terms of the elected
parent and community | 14 | | members of the local school council.
| 15 | | (e) The Council shall publicize the date and place of the | 16 | | election by
posting notices at the attendance center, in public | 17 | | places within the
attendance boundaries of the attendance | 18 | | center and by distributing notices
to the pupils at the | 19 | | attendance center, and shall utilize such other means
as it | 20 | | deems necessary to maximize the involvement of all eligible | 21 | | voters.
| 22 | | (f) Nomination. The Council shall publicize the opening of | 23 | | nominations
by posting notices at the attendance center, in | 24 | | public places within the
attendance boundaries of the | 25 | | attendance center and by distributing notices
to the pupils at | 26 | | the attendance center, and shall utilize such other means
as it |
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| 1 | | deems necessary to maximize the involvement of all eligible | 2 | | voters.
Not less than 2 weeks before the election date, persons | 3 | | eligible to run for
the Council shall submit their name,
date | 4 | | of birth, social
security number, if
available,
and some | 5 | | evidence of eligibility
to the Council. The Council shall | 6 | | encourage nomination of candidates
reflecting the | 7 | | racial/ethnic population of the students at the attendance
| 8 | | center. Each person nominated who runs as a candidate shall | 9 | | disclose, in a
manner determined by the Board, any economic | 10 | | interest held by such person,
by such person's spouse or | 11 | | children, or by each business entity in which
such person has | 12 | | an ownership interest, in any contract with the Board, any
| 13 | | local school council or any public school in the school
| 14 | | district.
Each person
nominated who runs as a candidate shall | 15 | | also disclose, in a manner determined
by the Board, if he or | 16 | | she ever has been convicted of any of the offenses
specified in | 17 | | subsection (c) of Section 34-18.5; provided that neither this
| 18 | | provision nor any other provision of this Section shall be | 19 | | deemed to require
the disclosure of any information that is | 20 | | contained in any law enforcement
record or juvenile court | 21 | | record that is confidential or whose accessibility or
| 22 | | disclosure is restricted or prohibited under Section 5-901 or
| 23 | | 5-905 of the Juvenile
Court Act of 1987.
Failure to make such | 24 | | disclosure shall render a person ineligible
for election or to | 25 | | serve on the local school council. The same
disclosure shall be
| 26 | | required of persons under consideration for appointment to the |
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| 1 | | Council
pursuant to subsections (l) and (m) of this Section.
| 2 | | (f-5) Notwithstanding disclosure, a person who has been | 3 | | convicted of any
of
the
following offenses at any time shall be | 4 | | ineligible for election or appointment
to a local
school | 5 | | council and ineligible for appointment to a local school | 6 | | council
pursuant to
subsections (l) and (m) of this Section: | 7 | | (i) those defined in Section 11-1.20, 11-1.30, 11-1.40, | 8 | | 11-1.50, 11-1.60, 11-6,
11-9.1, 11-14.4, 11-16,
11-17.1, | 9 | | 11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, | 10 | | 12-14, 12-14.1, 12-15, or
12-16, or subdivision (a)(2) of | 11 | | Section 11-14.3, of the
Criminal Code of 1961 or the Criminal | 12 | | Code of 2012, or (ii) any offense committed or attempted in any | 13 | | other
state or
against the laws of the United States, which, if | 14 | | committed or attempted in this
State,
would have been | 15 | | punishable as one or more of the foregoing offenses.
| 16 | | Notwithstanding
disclosure, a person who has been convicted of | 17 | | any of the following offenses
within the
10 years previous to | 18 | | the date of nomination or appointment shall be ineligible
for | 19 | | election or
appointment to a local school council:
(i) those | 20 | | defined in Section 401.1, 405.1, or 405.2 of the Illinois | 21 | | Controlled
Substances Act or (ii) any
offense committed
or | 22 | | attempted in any other state or against the laws of the United | 23 | | States,
which, if
committed or attempted in this State, would | 24 | | have been punishable as one or more
of the
foregoing offenses.
| 25 | | Immediately upon election or appointment, incoming local | 26 | | school
council members
shall be
required to undergo a criminal |
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| 1 | | background investigation, to be completed prior
to the member | 2 | | taking office,
in order to identify
any criminal convictions | 3 | | under the offenses enumerated in Section 34-18.5.
The | 4 | | investigation shall be conducted by the Department of State | 5 | | Police in the
same manner as provided for in Section 34-18.5. | 6 | | However, notwithstanding
Section 34-18.5, the social security | 7 | | number shall be provided only if
available.
If it is determined | 8 | | at any time that a local school council member or
member-elect | 9 | | has been convicted
of any of the offenses enumerated in this | 10 | | Section or failed to disclose a
conviction of any of the | 11 | | offenses enumerated in Section 34-18.5, the general
| 12 | | superintendent shall notify the local school council member or | 13 | | member-elect of
such
determination and the local school council | 14 | | member or member-elect shall be
removed from the
local school | 15 | | council by the Board, subject to a hearing,
convened pursuant | 16 | | to Board rule, prior to removal.
| 17 | | (g) At least one week before the election date, the Council | 18 | | shall
publicize, in the manner provided in subsection (e), the | 19 | | names of persons
nominated for election.
| 20 | | (h) Voting shall be in person by secret ballot at the | 21 | | attendance center
between the hours of 6:00 a.m. and 7:00 p.m.
| 22 | | (i) Candidates receiving the highest number of votes shall | 23 | | be declared
elected by the Council. In cases of a tie, the | 24 | | Council shall determine the
winner by lot.
| 25 | | (j) The Council shall certify the results of the election | 26 | | and shall
publish the results in the minutes of the Council.
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| 1 | | (k) The general superintendent shall resolve any
disputes
| 2 | | concerning election procedure or results and shall ensure that, | 3 | | except as
provided in subsections (e) and (g), no resources of | 4 | | any attendance center
shall be used to endorse or promote any | 5 | | candidate.
| 6 | | (l) Beginning with the 1995-1996 school year
and in every
| 7 | | even numbered
year thereafter, the Board shall appoint 2 | 8 | | teacher
members to each
local school council. These | 9 | | appointments shall be made in the following
manner:
| 10 | | (i) The Board shall appoint 2 teachers who are
employed | 11 | | and assigned to
perform the majority of
their employment | 12 | | duties at the attendance center
to serve on the local | 13 | | school council of the attendance center for a two-year
term | 14 | | coinciding with the terms of the elected parent and
| 15 | | community members of that local school council. These
| 16 | | appointments shall be made from among those teachers who | 17 | | are nominated in
accordance with subsection (f).
| 18 | | (ii) A non-binding, advisory poll to ascertain the
| 19 | | preferences of the
school staff regarding appointments of | 20 | | teachers to the local school council
for that attendance | 21 | | center shall be conducted in accordance with the
procedures | 22 | | used to elect parent and community Council | 23 | | representatives. At
such poll, each member of the school | 24 | | staff shall be entitled to indicate
his or her preference | 25 | | for up to 2 candidates from among those who submitted
| 26 | | statements of candidacy as described above. These |
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| 1 | | preferences shall be
advisory only and the Board shall | 2 | | maintain absolute discretion to appoint
teacher members to | 3 | | local school councils, irrespective of the preferences
| 4 | | expressed in any such poll.
| 5 | | (iii) In the event that a teacher representative is | 6 | | unable to perform
his or her employment duties at the | 7 | | school due to illness, disability, leave of
absence, | 8 | | disciplinary action, or any other reason, the Board shall | 9 | | declare
a temporary vacancy and appoint a replacement | 10 | | teacher representative to serve
on the local school council | 11 | | until such time as the teacher member originally
appointed | 12 | | pursuant to this subsection (l) resumes service at the | 13 | | attendance
center or for the remainder of the term. The | 14 | | replacement teacher
representative shall be appointed in | 15 | | the same manner and by the same procedures
as teacher | 16 | | representatives are appointed in subdivisions (i) and (ii) | 17 | | of this
subsection (l).
| 18 | | (m) Beginning with the 1995-1996 school year, and in every
| 19 | | year thereafter, the Board shall appoint one student member to | 20 | | each
secondary attendance center and attendance center | 21 | | enrolling students in 7th or 8th grade, although no attendance | 22 | | center shall have more than one student member . These | 23 | | appointments shall be made in the
following manner:
| 24 | | (i) Appointments shall be made from among those | 25 | | students who submit
statements of candidacy to the | 26 | | principal of the attendance center, such
statements to be |
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| 1 | | submitted commencing on the first day of the twentieth
week | 2 | | of school and
continuing for 2 weeks thereafter. The form | 3 | | and manner of such candidacy
statements shall be determined | 4 | | by the Board.
| 5 | | (ii) During the twenty-second week of school in every | 6 | | year,
the principal of
each attendance center shall conduct | 7 | | a non-binding, advisory poll to
ascertain the preferences | 8 | | of the school students regarding the appointment
of a | 9 | | student to the local school council for that attendance | 10 | | center. At
such poll, each student shall be entitled to | 11 | | indicate his or her preference
for up to one candidate from | 12 | | among those who submitted statements of
candidacy as | 13 | | described above. The Board shall promulgate rules to ensure
| 14 | | that these non-binding, advisory polls are conducted in a | 15 | | fair and
equitable manner and maximize the involvement of | 16 | | all school students. The
preferences expressed in these | 17 | | non-binding, advisory polls shall be
transmitted by the | 18 | | principal to the Board. However, these preferences
shall be | 19 | | advisory only and the Board shall maintain absolute | 20 | | discretion to
appoint student members to local school | 21 | | councils, irrespective of the
preferences expressed in any | 22 | | such poll.
| 23 | | (iii) For the 1995-96 school year only, appointments | 24 | | shall be made from
among those students who submitted | 25 | | statements of candidacy to the principal
of the attendance | 26 | | center during the first 2 weeks of the school year.
The
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| 1 | | principal shall communicate the results of any nonbinding, | 2 | | advisory poll to the
Board. These results shall be advisory | 3 | | only, and the Board shall maintain
absolute discretion to | 4 | | appoint student members to local school councils,
| 5 | | irrespective of the preferences expressed in any such poll.
| 6 | | (n) The Board may promulgate such other rules and | 7 | | regulations for
election procedures as may be deemed necessary | 8 | | to ensure fair elections.
| 9 | | (o) In the event that a vacancy occurs during a member's | 10 | | term, the
Council shall appoint a person eligible to serve on | 11 | | the Council, to fill
the unexpired term created by the vacancy, | 12 | | except that any teacher vacancy
shall be filled by the Board | 13 | | after considering the preferences of the school
staff as | 14 | | ascertained through a non-binding advisory poll of school | 15 | | staff.
| 16 | | (p) If less than the specified number of persons is elected | 17 | | within each
candidate category, the newly elected local school | 18 | | council shall appoint
eligible persons to serve as members of | 19 | | the Council for two-year terms.
| 20 | | (q) The Board shall promulgate rules regarding conflicts of | 21 | | interest
and disclosure of economic interests which shall apply | 22 | | to local school
council members and which shall require reports | 23 | | or statements to be filed
by Council members at regular | 24 | | intervals with the Secretary of the
Board. Failure to comply | 25 | | with such rules
or intentionally falsifying such reports shall | 26 | | be grounds for
disqualification from local school council |
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| 1 | | membership. A vacancy on the
Council for disqualification may | 2 | | be so declared by the Secretary of the
Board. Rules regarding | 3 | | conflicts of interest and disclosure of
economic interests | 4 | | promulgated by the Board shall apply to local school council
| 5 | | members. No less than 45 days prior to the deadline, the | 6 | | general
superintendent shall provide notice, by mail, to each | 7 | | local school council
member of all requirements and forms for | 8 | | compliance with economic interest
statements.
| 9 | | (r) (1) If a parent member of a local school council ceases | 10 | | to have any
child
enrolled in the attendance center governed by | 11 | | the Local School Council due to
the graduation or voluntary | 12 | | transfer of a child or children from the attendance
center, the | 13 | | parent's membership on the Local School Council and all voting
| 14 | | rights are terminated immediately as of the date of the child's | 15 | | graduation or
voluntary transfer. If the child of a parent | 16 | | member of a local school council dies during the member's term | 17 | | in office, the member may continue to serve on the local school | 18 | | council for the balance of his or her term. Further,
a local | 19 | | school council member may be removed from the Council by a
| 20 | | majority vote of the Council as provided in subsection (c) of | 21 | | Section
34-2.2 if the Council member has missed 3 consecutive | 22 | | regular meetings, not
including committee meetings, or 5 | 23 | | regular meetings in a 12 month period,
not including committee | 24 | | meetings.
If a parent member of a local school council ceases | 25 | | to be eligible to serve
on the Council for any other reason, he | 26 | | or she shall be removed by the Board
subject
to a hearing, |
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| 1 | | convened pursuant to Board rule, prior to removal.
A vote to | 2 | | remove a Council member by the local school council shall
only | 3 | | be valid if the Council member has been notified personally or | 4 | | by
certified mail, mailed to the person's last known address, | 5 | | of the Council's
intent to vote on the Council member's removal | 6 | | at least 7 days prior to the
vote. The Council member in | 7 | | question shall have the right to explain
his or her actions and | 8 | | shall be eligible to vote on the
question of his or her removal | 9 | | from the Council. The provisions of this
subsection shall be | 10 | | contained within the petitions used to nominate Council
| 11 | | candidates.
| 12 | | (2) A person may continue to serve as a community resident | 13 | | member of a
local
school council as long as he or she resides | 14 | | in the attendance area served by
the
school and is not employed | 15 | | by the Board nor is a parent of a student enrolled
at the | 16 | | school. If a community resident member ceases to be eligible to | 17 | | serve
on the Council, he or she shall be removed by the Board | 18 | | subject to a hearing,
convened pursuant to Board rule, prior to | 19 | | removal.
| 20 | | (3) A person may continue to serve as a teacher member of a | 21 | | local school
council as long as he or she is employed and | 22 | | assigned to perform a majority of
his or her duties at the | 23 | | school, provided that if the teacher representative
resigns | 24 | | from employment with the Board or
voluntarily transfers to | 25 | | another school, the teacher's membership on the local
school | 26 | | council and all voting rights are terminated immediately as of |
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| 1 | | the date
of the teacher's resignation or upon the date of the | 2 | | teacher's voluntary
transfer to another school. If a teacher | 3 | | member of a local school council
ceases to be eligible to serve | 4 | | on a local school council for any other reason,
that member | 5 | | shall be removed by the Board subject to a hearing, convened
| 6 | | pursuant to Board rule, prior to removal. | 7 | | (s) As used in this Section only, "community resident" | 8 | | means a person, 17 years of age or older, residing within an | 9 | | attendance area served by a school, excluding any person who is | 10 | | a parent of a student enrolled in that school; provided that | 11 | | with respect to any multi-area school, community resident means | 12 | | any person, 17 years of age or older, residing within the | 13 | | voting district established for that school pursuant to Section | 14 | | 34-2.1c, excluding any person who is a parent of a student | 15 | | enrolled in that school. This definition does not apply to any | 16 | | provisions concerning school boards.
| 17 | | (Source: P.A. 99-597, eff. 1-1-17 .)
| 18 | | (105 ILCS 5/34-2.2) (from Ch. 122, par. 34-2.2)
| 19 | | Sec. 34-2.2. Local school councils - Manner of operation.
| 20 | | (a) The annual organizational meeting of each local school | 21 | | council
shall be held at the attendance center. At the annual | 22 | | organization meeting,
which shall be held no sooner than July 1 | 23 | | and no later than July 14, a parent
member of the local school | 24 | | council shall be selected by the members of such
council as its | 25 | | chairperson, and a secretary shall be selected by the members |
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| 1 | | of
such council from among their number, each to serve a term | 2 | | of one year.
Whenever a vacancy in the office of chairperson or | 3 | | secretary of a local school
council shall occur, a new | 4 | | chairperson (who shall be a parent member) or
secretary, as the | 5 | | case may be, shall be elected by the members of the local
| 6 | | school council from among their number to serve as such
| 7 | | chairperson or secretary for the unexpired term of office in | 8 | | which the
vacancy occurs. At each annual organizational | 9 | | meeting, the time and
place of any regular meetings of the | 10 | | local school council shall be fixed.
Special meetings of the | 11 | | local school council may be called by the
chairperson or by any | 12 | | 4 members by giving notice thereof in writing,
specifying the | 13 | | time, place and purpose of the meeting. Public notice of
| 14 | | meetings shall also be given in accordance with the Open | 15 | | Meetings Act.
| 16 | | (b) Members and officers of the local school council shall | 17 | | serve
without compensation and without reimbursement of any | 18 | | expenses incurred in
the performance of their duties, except | 19 | | that the board of education may by
rule establish a procedure | 20 | | and thereunder provide for reimbursement of
members and | 21 | | officers of local school councils for such of their reasonable
| 22 | | and necessary expenses (excluding any lodging or meal expenses) | 23 | | incurred in
the performance of their duties as the board may | 24 | | deem appropriate.
| 25 | | (c) A majority of the full membership of the local school | 26 | | council
shall constitute a quorum, and whenever a vote is taken |
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| 1 | | on any measure
before the local school council, a quorum being | 2 | | present, the affirmative
vote of a majority of the votes of the | 3 | | full membership then serving of the
local school council shall | 4 | | determine the outcome thereof; provided that
whenever the | 5 | | measure before the local school council is (i) the evaluation
| 6 | | of the principal, or (ii) the renewal of his or her performance | 7 | | contract or
the inclusion of any provision or modification of | 8 | | the contract, or (iii)
the direct selection by the local school | 9 | | council of a new principal
(including
a new principal to fill a | 10 | | vacancy) to serve under a 4 year performance
contract, or (iv) | 11 | | the determination of the names of candidates to be submitted
to | 12 | | the general superintendent for the position of
principal, the
| 13 | | principal and
student member of a high school council shall not | 14 | | be counted for purposes of
determining whether a quorum is | 15 | | present to act on the measure and shall have no
vote thereon; | 16 | | and provided further that 7 affirmative votes of the local | 17 | | school
council shall be required for the direct selection by | 18 | | the local school
council
of a new principal
to serve under a 4 | 19 | | year performance contract but not for the renewal of a
| 20 | | principal's performance contract. A supermajority of 8 votes is | 21 | | required to veto any action proposed or approved pursuant to | 22 | | subsection (d) of Section 34-8.3 of this Code or any action | 23 | | proposed or approved under Section 34-8.4 of this Code.
| 24 | | (d) Student members of high school councils shall not be | 25 | | eligible
to vote on personnel matters, including but not | 26 | | limited to principal
evaluations and contracts and the |
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| 1 | | allocation of teaching and staff resources.
| 2 | | (e) The local school council of an attendance center which | 3 | | provides
bilingual education shall be encouraged to provide | 4 | | translators at each
council meeting to maximize participation | 5 | | of parents and the community.
| 6 | | (f) Each local school council of an attendance center which | 7 | | provides
bilingual education shall create a Bilingual Advisory | 8 | | Committee or
recognize an existing Bilingual Advisory | 9 | | Committee as a standing committee.
The Chair and a majority of | 10 | | the members of the advisory committee shall be
parents of | 11 | | students in the bilingual education program. The parents on the
| 12 | | advisory committee shall be selected by parents of students in | 13 | | the
bilingual education program, and the committee shall select | 14 | | a Chair. The
advisory committee for each secondary attendance | 15 | | center shall include at
least one full-time bilingual education | 16 | | student. The Bilingual Advisory
Committee shall serve only in | 17 | | an advisory capacity to the local school council.
| 18 | | (g) Local school councils may utilize the services of an | 19 | | arbitration
board to resolve intra-council disputes.
| 20 | | (Source: P.A. 91-622, eff. 8-19-99.)
| 21 | | (105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
| 22 | | Sec. 34-2.3. Local school councils - Powers and duties. | 23 | | Each local school
council shall have and exercise, consistent | 24 | | with the provisions of
this Article and the powers and duties | 25 | | of
the board of education, the following powers and duties:
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| 1 | | 1. (A) To annually evaluate the performance of the | 2 | | principal of the
attendance
center
using a Board approved | 3 | | principal evaluation form, which shall include the
evaluation | 4 | | of
(i) student academic improvement, as defined by the
school | 5 | | improvement plan, (ii)
student absenteeism rates
at the school, | 6 | | (iii) instructional leadership, (iv) the effective
| 7 | | implementation of
programs, policies, or strategies to improve | 8 | | student academic achievement,
(v) school management, and (vi) | 9 | | any other factors deemed relevant by the local
school council, | 10 | | including, without limitation, the principal's communication
| 11 | | skills and ability to create and maintain a student-centered | 12 | | learning
environment, to develop opportunities for | 13 | | professional development, and to
encourage parental | 14 | | involvement and community partnerships to achieve school
| 15 | | improvement;
| 16 | | (B) to determine in the manner provided by subsection (c) | 17 | | of Section
34-2.2 and subdivision 1.5 of this Section whether | 18 | | the performance contract
of the principal shall be
renewed; and
| 19 | | (C) to directly select, in the manner provided by
| 20 | | subsection (c) of
Section 34-2.2, a new principal (including a | 21 | | new principal to fill a
vacancy)
-- without submitting any list | 22 | | of candidates for that position to the
general superintendent | 23 | | as provided in paragraph 2 of this Section -- to
serve under a | 24 | | 4 year performance contract; provided that (i) the | 25 | | determination
of whether the principal's performance contract | 26 | | is to be renewed, based upon
the evaluation required by |
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| 1 | | subdivision 1.5 of this Section, shall be made no
later than | 2 | | 150 days prior to the expiration of the current | 3 | | performance-based
contract of the principal, (ii) in cases | 4 | | where such performance
contract is not renewed -- a
direct | 5 | | selection
of a
new principal -- to serve under a 4 year | 6 | | performance contract shall be made by
the local school council | 7 | | no later than 45 days prior to the expiration of the
current | 8 | | performance contract of the principal, and (iii) a
selection by
| 9 | | the local school council of a new principal to fill a vacancy | 10 | | under a 4 year
performance contract shall be made within 90 | 11 | | days after the date such vacancy
occurs. A Council shall be | 12 | | required, if requested by the principal, to provide
in writing | 13 | | the reasons for the council's not renewing the principal's | 14 | | contract.
| 15 | | 1.5. The local school council's determination of whether to | 16 | | renew the
principal's contract shall be based on an evaluation | 17 | | to assess the educational
and administrative progress made at | 18 | | the school during the principal's current
performance-based | 19 | | contract. The local school council shall base its evaluation
on | 20 | | (i) student academic improvement, as defined by the school | 21 | | improvement plan,
(ii) student absenteeism rates at the school, | 22 | | (iii) instructional leadership,
(iv) the effective | 23 | | implementation of programs, policies, or strategies to
improve | 24 | | student academic achievement, (v) school management, and (vi) | 25 | | any
other factors deemed relevant by the local school council, | 26 | | including, without
limitation, the principal's communication |
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| 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. If a local school council
fails to renew the | 6 | | performance contract of a principal rated by the general
| 7 | | superintendent, or his or her designee, in the previous years' | 8 | | evaluations as
meeting or exceeding expectations, the | 9 | | principal, within 15 days after the
local school council's | 10 | | decision not to renew the contract, may request a review
of the
| 11 | | local school council's principal non-retention decision by a | 12 | | hearing officer
appointed by the American Arbitration | 13 | | Association. A local school council
member or members or the | 14 | | general superintendent may support the principal's
request for | 15 | | review.
During the period of the hearing officer's review of | 16 | | the local school
council's decision on
whether or not to retain | 17 | | the principal, the local school council shall maintain
all | 18 | | authority
to search for and contract with a person to serve
as | 19 | | interim or acting
principal, or as the
principal of the | 20 | | attendance center under a 4-year performance contract,
| 21 | | provided that any performance contract entered into by the | 22 | | local school council
shall be voidable
or
modified in | 23 | | accordance with the decision of the hearing officer.
The | 24 | | principal may request review only once while at that
attendance | 25 | | center. If a local school council renews the contract of a
| 26 | | principal who failed to obtain a rating of "meets" or "exceeds |
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| 1 | | expectations" in
the general superintendent's evaluation for | 2 | | the previous year, the general superintendent,
within 15
days | 3 | | after the local
school council's decision to renew the | 4 | | contract,
may request a review of
the local school council's | 5 | | principal retention decision by a hearing officer
appointed by | 6 | | the American Arbitration Association. The general | 7 | | superintendent may request a review only
once
for that | 8 | | principal at that attendance center. All requests to review the
| 9 | | retention or non-retention of a principal shall be submitted to | 10 | | the general
superintendent, who shall, in turn, forward such | 11 | | requests, within 14 days of
receipt, to the American | 12 | | Arbitration Association.
The general superintendent shall send | 13 | | a contemporaneous copy of the request
that was forwarded to the | 14 | | American Arbitration Association to the principal and
to each | 15 | | local school council member and shall inform the local school | 16 | | council
of its rights and responsibilities under the | 17 | | arbitration process, including the
local school council's | 18 | | right to representation and the manner and process by
which the | 19 | | Board shall pay the costs of the council's representation.
If | 20 | | the local school council retains the
principal and the general | 21 | | superintendent requests a review of the retention
decision, the | 22 | | local school council and the general
superintendent shall be | 23 | | considered parties to the arbitration, a hearing officer shall
| 24 | | be
chosen between those 2
parties pursuant to procedures | 25 | | promulgated by the State Board of Education,
and the principal | 26 | | may retain counsel and participate in the arbitration. If the |
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| 1 | | local school council does not retain the principal and
the | 2 | | principal requests a review of the retention decision, the | 3 | | local school
council and the principal shall be considered | 4 | | parties to the
arbitration and a hearing
officer shall be | 5 | | chosen between those 2 parties pursuant to procedures
| 6 | | promulgated by the State Board of Education.
The hearing shall | 7 | | begin (i)
within 45 days
after the initial request for review | 8 | | is submitted by the principal to the
general superintendent or | 9 | | (ii) if the
initial request for
review is made by the general | 10 | | superintendent, within 45 days after that request
is mailed
to | 11 | | the American Arbitration Association.
The hearing officer | 12 | | shall render a
decision within 45
days after the hearing begins | 13 | | and within 90 days after the initial request
for review.
The | 14 | | Board shall contract with the American
Arbitration Association | 15 | | for all of the hearing officer's reasonable and
necessary | 16 | | costs. In addition, the Board shall pay any reasonable costs
| 17 | | incurred by a local school council for representation before a | 18 | | hearing
officer.
| 19 | | 1.10. The hearing officer shall conduct a hearing, which | 20 | | shall include (i)
a review of the principal's performance, | 21 | | evaluations, and other evidence of
the principal's service at | 22 | | the school, (ii) reasons provided by the local
school council | 23 | | for its decision, and (iii) documentation evidencing views of
| 24 | | interested persons, including,
without limitation, students, | 25 | | parents, local school council members, school
faculty and | 26 | | staff, the principal, the general superintendent or his or her
|
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| 1 | | designee, and members of the community. The burden of proof in | 2 | | establishing
that the local school council's decision was | 3 | | arbitrary and capricious shall be
on the party requesting the | 4 | | arbitration, and this party shall sustain the
burden by a | 5 | | preponderance of the evidence.
The hearing officer shall set | 6 | | the
local school council decision aside if that decision, in | 7 | | light of the record
developed at the hearing, is arbitrary and | 8 | | capricious. The decision of the
hearing officer may not be | 9 | | appealed to the Board or the State Board of
Education. If the | 10 | | hearing officer decides that the principal shall be
retained, | 11 | | the retention period shall not exceed 2 years.
| 12 | | 2. In the event (i) the local school council does not renew | 13 | | the
performance contract of the principal, or the principal | 14 | | fails to receive a
satisfactory rating as provided in | 15 | | subsection (h) of Section 34-8.3,
or the principal is
removed | 16 | | for cause during the term of his or her performance contract
in | 17 | | the manner provided by Section 34-85, or a vacancy in the | 18 | | position
of principal otherwise occurs prior to the expiration | 19 | | of the term of
a principal's performance contract, and (ii) the | 20 | | local school council
fails to directly select a new principal | 21 | | to serve under a 4 year performance
contract,
the local school | 22 | | council in such event shall submit to the general
| 23 | | superintendent a list of 3 candidates -- listed in the local | 24 | | school
council's order of preference -- for the position of | 25 | | principal, one of
which shall be selected by the general | 26 | | superintendent to serve as
principal of the attendance center. |
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| 1 | | If the general superintendent
fails or refuses to select one of | 2 | | the candidates on the list to serve as
principal within 30 days | 3 | | after being furnished with the candidate list,
the general | 4 | | superintendent shall select and place a principal on an interim
| 5 | | basis (i) for a period not to exceed one year or (ii) until the | 6 | | local school
council selects a new principal with 7 affirmative | 7 | | votes as
provided in subsection (c) of Section 34-2.2, | 8 | | whichever occurs first. If the
local school council
fails or | 9 | | refuses to select and appoint a new principal, as specified by
| 10 | | subsection (c) of Section 34-2.2, the general superintendent | 11 | | may select and
appoint a new principal on an interim basis for
| 12 | | an additional year or until a new contract principal is | 13 | | selected by the local
school council. There shall be no | 14 | | discrimination on the basis of
race, sex, creed, color or
| 15 | | disability unrelated to ability to perform in
connection with | 16 | | the submission of candidates for, and the selection of a
| 17 | | candidate to serve as principal of an attendance center. No | 18 | | person shall
be directly selected, listed as a candidate for, | 19 | | or selected to serve as
principal of an attendance center (i) | 20 | | if such person has been removed for cause
from employment by | 21 | | the Board or (ii) if such person does not hold a valid
| 22 | | administrative certificate issued or exchanged under Article | 23 | | 21 and
endorsed as required by that Article for the position of | 24 | | principal. A
principal whose performance contract is not | 25 | | renewed as provided under
subsection (c) of Section 34-2.2 may | 26 | | nevertheless, if otherwise qualified
and certified as herein |
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| 1 | | provided
and if he or she has received a satisfactory rating as | 2 | | provided in subsection
(h) of Section 34-8.3, be included by a | 3 | | local school council as
one of the 3 candidates listed in order | 4 | | of preference on any candidate list
from which one person is to | 5 | | be selected to serve as principal of the
attendance center | 6 | | under a new performance contract. The initial candidate
list | 7 | | required to be submitted by a local school council to the | 8 | | general
superintendent in cases where the local school council | 9 | | does not renew the
performance contract of its principal and | 10 | | does not directly select a new
principal to serve under a 4 | 11 | | year performance contract shall be submitted
not later than
30 | 12 | | days prior to the expiration of the current performance | 13 | | contract. In
cases where the local school council fails or | 14 | | refuses to submit the candidate
list to the general | 15 | | superintendent no later than 30 days prior to the
expiration of | 16 | | the incumbent principal's contract, the general superintendent
| 17 | | may
appoint a principal on an interim basis for a period not to | 18 | | exceed one year,
during which time the local school council | 19 | | shall be able to select a new
principal with 7 affirmative | 20 | | votes as provided in subsection (c) of Section
34-2.2. In cases | 21 | | where a principal is removed for cause or a
vacancy otherwise | 22 | | occurs in the position of principal and the vacancy is
not | 23 | | filled by direct selection by the local school council, the | 24 | | candidate
list shall be submitted by the local school council | 25 | | to the general
superintendent within 90 days after the date | 26 | | such
removal or
vacancy occurs.
In cases where the local school |
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| 1 | | council fails or refuses to submit the
candidate list to the | 2 | | general superintendent within 90 days after the date of
the | 3 | | vacancy, the general superintendent may appoint a principal on | 4 | | an interim
basis for a period of one year, during which time | 5 | | the local school council
shall be able to select a new | 6 | | principal with 7 affirmative votes as provided in
subsection | 7 | | (c) of Section 34-2.2.
| 8 | | 2.5. Whenever a vacancy in the office of a principal occurs | 9 | | for any reason,
the vacancy shall be filled in the manner | 10 | | provided by this Section by the
selection of a new principal to | 11 | | serve under a 4 year performance contract.
| 12 | | 3. To establish additional criteria
to be included as part | 13 | | of
the
performance contract of its principal, provided that | 14 | | such additional
criteria shall not discriminate on the basis of | 15 | | race, sex, creed, color
or
disability unrelated to ability to | 16 | | perform, and shall not be inconsistent
with the uniform 4 year | 17 | | performance contract for principals developed by
the board as | 18 | | provided in Section 34-8.1 of the School Code
or with other | 19 | | provisions of this Article governing the
authority and | 20 | | responsibility of principals.
| 21 | | 4. To approve the expenditure plan prepared by the | 22 | | principal with
respect to all funds allocated and distributed | 23 | | to the attendance center by
the Board. The expenditure plan | 24 | | shall be administered by the principal.
Notwithstanding any | 25 | | other provision of this Act or any other law, any
expenditure | 26 | | plan approved and
administered under this Section 34-2.3 shall |
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| 1 | | be consistent with and subject to
the terms of any contract for | 2 | | services with a third party entered into by the
Chicago School | 3 | | Reform Board of Trustees or the board under this Act.
| 4 | | Via a supermajority vote of 7 members of the local school | 5 | | council or 8
members of a high school local school council, the | 6 | | Council may transfer
allocations pursuant to Section 34-2.3 | 7 | | within funds; provided that such a
transfer is consistent with | 8 | | applicable law and
collective bargaining
agreements.
| 9 | | Beginning in fiscal year 1991 and in each fiscal year
| 10 | | thereafter, the
Board may reserve up to 1% of its total fiscal | 11 | | year budget for
distribution
on a prioritized basis to schools | 12 | | throughout the school system in order to
assure adequate | 13 | | programs to meet the needs of
special student populations as | 14 | | determined by the Board. This distribution
shall take into | 15 | | account the needs catalogued in the Systemwide Plan and the
| 16 | | various local school improvement plans of the local school | 17 | | councils.
Information about these centrally funded programs | 18 | | shall be distributed to
the local school councils so that their | 19 | | subsequent planning and programming
will account for these | 20 | | provisions.
| 21 | | Beginning in fiscal year 1991 and in each fiscal year | 22 | | thereafter, from
other amounts available in the applicable | 23 | | fiscal year budget, the board
shall allocate a lump sum amount | 24 | | to each local school based upon
such formula as the board shall | 25 | | determine taking into account the special needs
of the student | 26 | | body. The local school
principal shall develop an expenditure |
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| 1 | | plan in consultation with the local
school council, the | 2 | | professional personnel leadership
committee and with all
other | 3 | | school personnel, which reflects the
priorities and activities | 4 | | as described in the school's local school
improvement plan and | 5 | | is consistent with applicable law and collective
bargaining | 6 | | agreements and with board policies and standards; however, the
| 7 | | local school council shall have the right to request waivers of | 8 | | board policy
from the board of education and waivers of | 9 | | employee collective bargaining
agreements pursuant to Section | 10 | | 34-8.1a.
| 11 | | The expenditure plan developed by the principal with | 12 | | respect to
amounts available from the fund for prioritized | 13 | | special needs programs
and the allocated lump sum amount must | 14 | | be approved by the local school council.
| 15 | | The lump sum allocation shall take into account the
| 16 | | following principles:
| 17 | | a. Teachers: Each school shall be allocated funds equal | 18 | | to the
amount appropriated in the previous school year for | 19 | | compensation for
teachers (regular grades kindergarten | 20 | | through 12th grade) plus whatever
increases in | 21 | | compensation have been negotiated contractually or through
| 22 | | longevity as provided in the negotiated agreement. | 23 | | Adjustments shall be
made due to layoff or reduction in | 24 | | force, lack of funds or work, change in
subject | 25 | | requirements, enrollment changes, or contracts with third
| 26 | | parties for the performance of services or to rectify
any |
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| 1 | | inconsistencies with system-wide allocation formulas or | 2 | | for other
legitimate reasons.
| 3 | | b. Other personnel: Funds for other teacher | 4 | | certificated and
uncertificated personnel paid through | 5 | | non-categorical funds shall be
provided according to | 6 | | system-wide formulas based on student enrollment and
the | 7 | | special needs of the school as determined by the Board.
| 8 | | c. Non-compensation items: Appropriations for all | 9 | | non-compensation items
shall be based on system-wide | 10 | | formulas based on student enrollment and
on the special | 11 | | needs of the school or factors related to the physical
| 12 | | plant, including but not limited to textbooks, electronic | 13 | | textbooks and the technological equipment necessary to | 14 | | gain access to and use electronic textbooks, supplies, | 15 | | electricity,
equipment, and routine maintenance.
| 16 | | d. Funds for categorical programs: Schools shall | 17 | | receive personnel
and funds based on, and shall use such | 18 | | personnel and funds in accordance
with State and Federal | 19 | | requirements applicable to each
categorical program
| 20 | | provided to meet the special needs of the student body | 21 | | (including but not
limited to, Federal Chapter I, | 22 | | Bilingual, and Special Education).
| 23 | | d.1. Funds for State Title I: Each school shall receive
| 24 | | funds based on State and Board requirements applicable to | 25 | | each State
Title I pupil provided to meet the special needs | 26 | | of the student body. Each
school shall receive the |
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| 1 | | proportion of funds as provided in Section 18-8 to
which | 2 | | they are entitled. These funds shall be spent only with the
| 3 | | budgetary approval of the Local School Council as provided | 4 | | in Section 34-2.3.
| 5 | | e. The Local School Council shall have the right to | 6 | | request the
principal to close positions and open new ones | 7 | | consistent with the
provisions of the local school | 8 | | improvement plan provided that these
decisions are | 9 | | consistent with applicable law and
collective bargaining
| 10 | | agreements. If a position is closed, pursuant to this | 11 | | paragraph, the local
school shall have for its use the | 12 | | system-wide average compensation for the
closed position.
| 13 | | f. Operating within existing laws and
collective | 14 | | bargaining agreements,
the local school council shall have | 15 | | the right to direct the principal to
shift expenditures | 16 | | within funds.
| 17 | | g. (Blank).
| 18 | | Any funds unexpended at the end of the fiscal year shall be | 19 | | available to
the board of education for use as part of its | 20 | | budget for the following
fiscal year.
| 21 | | 5. To make recommendations to the principal concerning | 22 | | textbook
selection and concerning curriculum developed | 23 | | pursuant to the school
improvement plan which is consistent | 24 | | with systemwide curriculum objectives
in accordance with | 25 | | Sections 34-8 and 34-18 of the School Code and in
conformity | 26 | | with the collective bargaining agreement.
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| 1 | | 6. To advise the principal concerning the attendance and
| 2 | | disciplinary policies for the attendance center, subject to the | 3 | | provisions
of this Article and Article 26, and consistent with | 4 | | the uniform system of
discipline established by the board | 5 | | pursuant to Section 34-19.
| 6 | | 7. To approve a school improvement plan developed as | 7 | | provided in Section
34-2.4. The process and schedule for plan | 8 | | development shall be publicized
to the entire school community, | 9 | | and the community shall be afforded the
opportunity to make | 10 | | recommendations concerning the plan. At least twice a
year the | 11 | | principal and
local
school council shall report publicly on
| 12 | | progress and problems with respect to plan implementation.
| 13 | | 8. To evaluate the allocation of teaching resources and | 14 | | other
certificated and uncertificated staff to the attendance | 15 | | center to determine
whether such allocation is consistent with | 16 | | and in furtherance of
instructional objectives and school | 17 | | programs reflective of the school
improvement plan adopted for | 18 | | the attendance center; and to make
recommendations to the | 19 | | board, the general superintendent
and the
principal concerning | 20 | | any reallocation of teaching resources
or other staff whenever | 21 | | the council determines that any such
reallocation is | 22 | | appropriate because the qualifications of any existing
staff at | 23 | | the attendance center do not adequately match or support
| 24 | | instructional objectives or school programs which reflect the | 25 | | school
improvement plan.
| 26 | | 9. To make recommendations to the principal and the general |
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| 1 | | superintendent
concerning their respective appointments, after | 2 | | August 31, 1989, and in the
manner provided by Section 34-8 and | 3 | | Section 34-8.1,
of persons to fill any vacant, additional or | 4 | | newly created
positions for teachers at the attendance center | 5 | | or at attendance centers
which include the attendance center | 6 | | served by the local school council.
| 7 | | 10. To request of the Board the manner in which training | 8 | | and
assistance shall be provided to the local school council. | 9 | | Pursuant to Board
guidelines a local school council is | 10 | | authorized to direct
the Board of Education to contract with | 11 | | personnel or not-for-profit
organizations not associated with | 12 | | the school district to train or assist
council members. If | 13 | | training or assistance is provided by contract with
personnel | 14 | | or organizations not associated with the school district, the
| 15 | | period of training or assistance shall not exceed 30 hours | 16 | | during a given
school year; person shall not be employed on a | 17 | | continuous basis longer than
said period and shall not have | 18 | | been employed by the Chicago Board of
Education within the | 19 | | preceding six months. Council members shall receive
training in | 20 | | at least the following areas:
| 21 | | 1. school budgets;
| 22 | | 2. educational theory pertinent to the attendance | 23 | | center's particular
needs, including the development of | 24 | | the school improvement plan and the
principal's | 25 | | performance contract; and
| 26 | | 3. personnel selection.
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| 1 | | Council members shall, to the greatest extent possible, | 2 | | complete such
training within 90 days of election.
| 3 | | To assist the local school councils, the board of education | 4 | | shall provide $2,500 annually to each local school council for | 5 | | the purposes of training and to procure reasonable and | 6 | | necessary office equipment and supplies as each local school | 7 | | council sees fit. | 8 | | 11. In accordance with systemwide guidelines contained in | 9 | | the
System-Wide Educational Reform Goals and Objectives Plan, | 10 | | criteria for
evaluation of performance shall be established for | 11 | | local school councils
and local school council members. If a | 12 | | local school council persists in
noncompliance with systemwide | 13 | | requirements, the Board may impose sanctions
and take necessary | 14 | | corrective action, consistent with Section 34-8.3. Any such | 15 | | action allowed for or taken pursuant to subsection (d) of | 16 | | Section 34-8.3 or Section 34-8.4 of this Code must be vetoed by | 17 | | a supermajority of 8 of the voting members of the local school | 18 | | council.
| 19 | | 12. Each local school council shall comply with the Open | 20 | | Meetings Act and
the Freedom of Information Act. Each local | 21 | | school council shall issue and
transmit to its school community | 22 | | a detailed annual report accounting for
its activities | 23 | | programmatically and financially. Each local school council
| 24 | | shall convene at least 2 well-publicized meetings annually with | 25 | | its entire
school community. These meetings shall include | 26 | | presentation of the
proposed local school improvement plan, of |
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| 1 | | the proposed school expenditure
plan, and the annual report, | 2 | | and shall provide an opportunity for public
comment.
| 3 | | 13. Each local school council is encouraged to involve | 4 | | additional
non-voting members of the school community in | 5 | | facilitating the council's
exercise of its responsibilities.
| 6 | | 14. The local school council may adopt a school
uniform or | 7 | | dress
code policy that governs the attendance center and that | 8 | | is
necessary to maintain the orderly process of a school | 9 | | function or prevent
endangerment of student health or safety, | 10 | | consistent with the policies and
rules of the Board of | 11 | | Education.
A school uniform or dress code policy adopted
by a | 12 | | local school council: (i) shall not be applied in such manner | 13 | | as to
discipline or deny attendance to a transfer student or | 14 | | any other student for
noncompliance with that
policy during | 15 | | such period of time as is reasonably necessary to enable the
| 16 | | student to acquire a school uniform or otherwise comply with | 17 | | the dress code
policy that is in effect at the attendance | 18 | | center into which the student's
enrollment is transferred; and | 19 | | (ii) shall include criteria and procedures under
which the | 20 | | local school council will accommodate the needs of or otherwise
| 21 | | provide
appropriate resources to assist a student from an | 22 | | indigent family in complying
with an applicable school uniform | 23 | | or dress code policy.
A student whose parents or legal | 24 | | guardians object on religious grounds to the
student's | 25 | | compliance with an applicable school uniform or dress code | 26 | | policy
shall not be required to comply with that policy if the |
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| 1 | | student's parents or
legal guardians present to the local | 2 | | school council a signed statement of
objection detailing the | 3 | | grounds for the objection.
| 4 | | 15. All decisions made and actions taken by the local | 5 | | school council in
the exercise of its powers and duties shall | 6 | | comply with State and federal
laws, all applicable collective | 7 | | bargaining agreements, court orders and
rules properly | 8 | | promulgated by the Board.
| 9 | | 15a. To grant, in accordance with board rules and policies,
| 10 | | the use of assembly halls and classrooms when not otherwise | 11 | | needed,
including lighting, heat, and attendants, for public | 12 | | lectures, concerts, and
other educational and social | 13 | | activities.
| 14 | | 15b. To approve, in accordance with board rules and | 15 | | policies, receipts and
expenditures for all internal accounts | 16 | | of the
attendance center, and to approve all fund-raising | 17 | | activities by nonschool
organizations that use the school | 18 | | building.
| 19 | | 16. (Blank).
| 20 | | 17. Names and addresses of local school council members | 21 | | shall
be a matter of public record.
| 22 | | (Source: P.A. 96-1403, eff. 7-29-10.)
| 23 | | (105 ILCS 5/34-2.3b)
| 24 | | Sec. 34-2.3b. Local School Council Training. | 25 | | (a) The LSC Certification Commission, an independent |
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| 1 | | commission, is established to provide fundamental training to | 2 | | members of local school councils and certify each member. The | 3 | | LSC Certification Commission shall be comprised of | 4 | | representatives from the Chicago public school system and | 5 | | representatives from organizations that have provided training | 6 | | to local school council members on and after January 23, 2014. | 7 | | The board shall collaborate
with universities and other | 8 | | interested entities and individuals to offer
training to local | 9 | | school council members on topics relevant to school
operations | 10 | | and their responsibilities as local school council members,
| 11 | | including but not limited to legal requirements, role | 12 | | differentiation,
responsibilities, and authorities, and | 13 | | improving student achievement. | 14 | | (b) Training
of local school council members shall be | 15 | | provided at the direction of the LSC Certification Commission, | 16 | | which shall work with universities and other interested | 17 | | entities to develop and administer a required 3-day training | 18 | | program for local school council members board in consultation | 19 | | with the Council of
Chicago-area Deans of Education . Incoming | 20 | | local school council members shall
be required to complete a | 21 | | 3-day training program provided under this
Section within 6 | 22 | | months of taking office. The LSC Certification Commission board | 23 | | shall monitor the
compliance of incoming local school council | 24 | | members with the 3-day training
program requirement | 25 | | established by this Section. | 26 | | (c) At the direction of the LSC Certification Commission, |
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| 1 | | the The board shall declare
vacant the office of a local school | 2 | | council member who fails to complete the
3-day training program | 3 | | provided under this Section within the 6 month period
allowed. | 4 | | Any such vacancy shall be filled as provided in subsection (o) | 5 | | of
Section 34-2.1 by appointment of another person qualified to | 6 | | hold the office.
In addition to requiring local school council | 7 | | members to complete the 3-day
training program under this | 8 | | Section, the board may encourage local school
council members | 9 | | to complete additional training during their term of office and
| 10 | | shall provide recognition for individuals completing that | 11 | | additional training.
The board is authorized to collaborate | 12 | | with universities, non-profits, and
other interested | 13 | | organizations and individuals to offer additional training to
| 14 | | local school council members on a regular basis during their | 15 | | term in office.
The board shall not be required to bear the | 16 | | cost of the required 3-day training
program or any additional | 17 | | training provided to local school council members
under this | 18 | | Section.
| 19 | | (d) The LSC Certification Commission board shall also offer | 20 | | training to aid local school councils in
developing principal | 21 | | evaluation procedures and criteria. The board shall
send out | 22 | | requests for proposals concerning this training and is | 23 | | authorized to
contract with universities, non-profits, and | 24 | | other interested organizations and
individuals to provide this | 25 | | training. The board is authorized to use funds
from private | 26 | | organizations, non-profits, or any other outside source as well
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| 1 | | as its own funds for this purpose.
| 2 | | (e) The LSC Certification Commission may request and, upon | 3 | | such request, the board of education shall budget and | 4 | | distribute such funds as are equal to the total allocations for | 5 | | the certification of local school council members under this | 6 | | Section in the year immediately prior. Upon a majority vote of | 7 | | the LSC Certification Commission, that request may exceed the | 8 | | prior year's allocations by 2%. | 9 | | (Source: P.A. 90-100, eff. 7-11-97; 91-622, eff. 8-19-99.)
| 10 | | (105 ILCS 5/34-2.4b) (from Ch. 122, par. 34-2.4b)
| 11 | | Sec. 34-2.4b. Limitation upon applicability. The | 12 | | provisions of
Sections 34-2.1, 34-2.2, 34-2.3, 34-2.3a, 34-2.4 | 13 | | and 34-8.3, and
those provisions of paragraph 1 of Section | 14 | | 34-18 and paragraph (c) of
Section 34A-201a relating to the | 15 | | allocation or application -- by formula or
otherwise -- of lump | 16 | | sum amounts and other funds to attendance centers,
shall not | 17 | | apply to attendance centers that have applied for and
been | 18 | | designated as a "Small School" by the Board, the
Cook County | 19 | | Juvenile Detention Center and Cook
County Jail schools, nor to | 20 | | the district's alternative schools for pregnant
girls, nor to | 21 | | alternative schools established under Article 13A, nor to a | 22 | | contract school,
nor to the
Michael R. Durso School, the | 23 | | Jackson Adult Center, the Hillard Adult
Center, the Alternative | 24 | | Transitional School, or any other attendance
center designated | 25 | | by the Board as an alternative school, provided that the
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| 1 | | designation is not applied to an attendance center that has in | 2 | | place a legally
constituted local school council, except for | 3 | | contract turnaround schools. The board of education shall have | 4 | | and
exercise with respect to those schools and with respect to | 5 | | the conduct,
operation, affairs and budgets of those schools, | 6 | | and with respect to the
principals, teachers and other school | 7 | | staff there employed, the same powers
which are exercisable by | 8 | | local school councils with respect to the other
attendance | 9 | | centers, principals, teachers and school staff within the
| 10 | | district, together with all powers and duties generally | 11 | | exercisable by the
board of education with respect to all | 12 | | attendance centers within the
district. The board of education | 13 | | shall develop appropriate alternative
methods for involving | 14 | | parents, community members and school staff to the
maximum | 15 | | extent possible in all of the activities of those schools, and | 16 | | may
delegate to the parents, community members and school staff | 17 | | so involved the
same powers which are exercisable by local | 18 | | school councils with respect to
other attendance centers.
| 19 | | (Source: P.A. 96-105, eff. 7-30-09.)
| 20 | | (105 ILCS 5/34-8.3) (from Ch. 122, par. 34-8.3)
| 21 | | Sec. 34-8.3. Remediation and probation of attendance | 22 | | centers.
| 23 | | (a) The general superintendent shall monitor the
| 24 | | performance of the
attendance centers within the district and | 25 | | shall
identify
attendance centers, pursuant to criteria that |
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| 1 | | the board shall establish,
in which:
| 2 | | (1) there is a failure to develop,
implement,
or comply | 3 | | with a school improvement plan;
| 4 | | (2) there is a pervasive breakdown in the educational | 5 | | program as
indicated by factors, including, but not limited | 6 | | to, the absence of improvement
in student reading and math | 7 | | achievement scores, an increased drop-out rate, a
| 8 | | decreased graduation rate, and a decrease in rate of | 9 | | student attendance;
| 10 | | (3) (blank); or
| 11 | | (4) there is a failure or refusal to
comply with the | 12 | | provisions of this
Act, other applicable laws, collective | 13 | | bargaining agreements, court orders,
or with Board rules | 14 | | which the Board is authorized to promulgate.
| 15 | | (b) If the general superintendent identifies a
| 16 | | nonperforming school
as described herein, he or she shall place | 17 | | the attendance center on
remediation by developing a | 18 | | remediation plan for the center. The purpose
of the remediation | 19 | | plan shall be to correct the deficiencies in the
performance of | 20 | | the attendance center by one or more of the following methods:
| 21 | | (1) drafting a new school improvement plan;
| 22 | | (2) applying to the board for additional funding for | 23 | | training for the
local school council;
| 24 | | (3) directing implementation of a school improvement | 25 | | plan;
| 26 | | (4) mediating disputes or other obstacles to reform or |
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| 1 | | improvement at
the attendance center.
| 2 | | Nothing in this Section removes any authority of the local | 3 | | school council, which shall retain the right to reject or | 4 | | modify any school improvement plan or implementation thereof. | 5 | | If, however, the general superintendent determines that
| 6 | | the problems
are not able to be remediated by these methods, | 7 | | the
general superintendent shall place the attendance center on | 8 | | probation.
The board shall establish guidelines that determine | 9 | | the factors for placing
an attendance center on probation.
| 10 | | (c) Each
school placed on probation shall have a school | 11 | | improvement plan
and school budget for correcting deficiencies | 12 | | identified
by the board. The plan shall
include specific steps | 13 | | that the local school council and school staff must
take to | 14 | | correct identified deficiencies and specific objective | 15 | | criteria
by which the
school's subsequent progress will be | 16 | | determined.
The school budget shall include specific | 17 | | expenditures directly calculated to
correct educational and | 18 | | operational deficiencies identified at the school by
the | 19 | | probation team.
| 20 | | (d) Schools placed on probation that, after a maximum of | 21 | | one year, fail
to make
adequate progress in correcting | 22 | | deficiencies are subject to the following actions
by the | 23 | | general superintendent with the approval of the board, after
| 24 | | opportunity for a hearing:
| 25 | | (1) Ordering new local school council elections.
| 26 | | (2) Removing and replacing the principal.
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| 1 | | (3) Replacement of faculty members, subject to the | 2 | | provisions
of
Section 24A-5.
| 3 | | (4) Reconstitution of the attendance center and | 4 | | replacement and
reassignment by the general superintendent | 5 | | of all employees of the attendance
center.
| 6 | | (5) Intervention under Section 34-8.4.
| 7 | | (5.5) Operating an attendance center as a contract | 8 | | turnaround school.
| 9 | | (6) Closing of the school.
| 10 | | Any action proposed or approved under this subsection (d) is | 11 | | subject to veto by a supermajority of 8 of the voting members | 12 | | of the local school council. | 13 | | (e) Schools placed on probation shall remain on probation | 14 | | from year to
year until deficiencies are corrected, even if | 15 | | such schools make acceptable
annual progress.
The board shall | 16 | | establish, in writing, criteria for determining whether or
not | 17 | | a school shall remain on probation. Such criteria shall be | 18 | | delivered to each local school council on or before August 1 of | 19 | | each year. If academic achievement tests are used
as the factor | 20 | | for placing a school on probation, the general superintendent
| 21 | | shall consider objective criteria, not just an increase in test | 22 | | scores, in
deciding whether or not a school shall remain on | 23 | | probation. These criteria
shall include attendance, test | 24 | | scores, student mobility rates, poverty rates,
bilingual | 25 | | education eligibility, special education, and English language
| 26 | | proficiency programs, with progress made in these areas being |
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| 1 | | taken into
consideration in deciding whether or not a school | 2 | | shall remain on probation.
| 3 | | (f) Where the board
has reason to believe that violations | 4 | | of
civil rights, or of civil or criminal law have occurred, or | 5 | | when the general
superintendent deems that the school is in | 6 | | educational crisis it may take
immediate corrective action, | 7 | | including the actions specified in this Section,
without first | 8 | | placing the school on remediation or probation. Nothing
| 9 | | described herein shall limit the authority of the board as | 10 | | provided by any law
of this State. The board shall
develop | 11 | | criteria governing the determination regarding when a school is | 12 | | in
educational crisis. Such criteria shall be delivered to each | 13 | | local school council on or before August 1 of each year. An | 14 | | action under subsection (d) of this Section shall be subject to | 15 | | veto by a supermajority of 8 of the voting members of the local | 16 | | school council.
| 17 | | (g) All persons serving as subdistrict superintendent on | 18 | | May 1, 1995 shall
be deemed by operation of law to be serving | 19 | | under a performance contract which
expires on June 30, 1995, | 20 | | and the employment of each such person as subdistrict
| 21 | | superintendent shall terminate on June 30, 1995. The board | 22 | | shall have no
obligation to compensate any such person as a | 23 | | subdistrict superintendent after
June 30, 1995.
| 24 | | (h) The general superintendent shall, in
consultation with | 25 | | local
school councils, conduct an annual evaluation of each | 26 | | principal in the
district pursuant to guidelines promulgated by |
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| 1 | | the Board of
Education.
| 2 | | (Source: P.A. 96-105, eff. 7-30-09.)
| 3 | | (105 ILCS 5/34-8.4)
| 4 | | Sec. 34-8.4. Intervention.
The Chicago Schools Academic | 5 | | Accountability Council may recommend to the
Chicago School | 6 | | Reform Board of Trustees that any school placed on remediation
| 7 | | or probation under Section 34-8.3 or schools that for the 3 | 8 | | consecutive
school years of 1992-1993, 1993-1994, and | 9 | | 1994-1995 have met the State Board of
Education's category of | 10 | | "does not meet expectations" be made subject to
intervention | 11 | | under this Section 34-8.4. In addition to any powers created
| 12 | | under this Section, the Trustees shall have all powers created | 13 | | under Section
34-8.3 with respect to schools subjected to | 14 | | intervention.
| 15 | | Prior to subjecting a school to intervention, the Trustees | 16 | | shall conduct a
public hearing and make findings of facts | 17 | | concerning the recommendation of the
Chicago Schools Academic | 18 | | Accountability Council and the factors causing the
failure of | 19 | | the school to adequately perform. The Trustees shall afford an
| 20 | | opportunity at the hearing for interested persons to comment | 21 | | about the
intervention recommendation. After the hearing has | 22 | | been held and completion of
findings of fact,
the Trustees | 23 | | shall make a determination whether to subject the school to
| 24 | | intervention.
| 25 | | If the Trustees determine that a school shall be subject to |
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| 1 | | intervention
under this Section, the Trustees shall develop an | 2 | | intervention implementation
plan and shall cause a performance | 3 | | evaluation to be made of each employee at
the school. Upon | 4 | | consideration of such evaluations, and consistent with the
| 5 | | intervention implementation plan, the Trustees may reassign, | 6 | | layoff, or
dismiss any employees at the attendance center, | 7 | | notwithstanding the provisions
of Sections 24A-5 and 34-85.
| 8 | | The chief educational officer shall appoint a principal for | 9 | | the school and
shall set the terms and conditions of the | 10 | | principal's contract, which in no
case may be longer than 2 | 11 | | years. The principal shall select all teachers and
| 12 | | non-certified personnel for the school as may be necessary. Any | 13 | | provision of
Section 34-8.1 that conflicts with this Section | 14 | | shall not apply to a school
subjected to intervention under | 15 | | this Section.
| 16 | | If pursuant to this Section, the general superintendent, | 17 | | with the approval of
the board, orders new local school council | 18 | | elections, the general
superintendent shall carry out the | 19 | | responsibilities of the local school council
for a school | 20 | | subject to intervention until the new local school council | 21 | | members
are elected and trained.
| 22 | | Any action authorized by this Section must be vetoed by a | 23 | | supermajority vote of 8 of the voting members of the local | 24 | | school council for the attendance center affected by the | 25 | | action. | 26 | | Each school year, 5% of the supplemental general State aid
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| 1 | | funds distributed to a school subject
to intervention during | 2 | | that school year under subsection 5(i)(1)(a)
of part A of | 3 | | Section 18-8 or subsection (H) of Section 18-8.05 shall be
used | 4 | | for employee performance incentives.
The Trustees shall | 5 | | prepare a report evaluating the results of any interventions
| 6 | | undertaken pursuant to this Section and shall make | 7 | | recommendations concerning
implementation of special programs | 8 | | for dealing with underperforming schools on
an ongoing basis. | 9 | | This report shall be submitted to the State Superintendent
of | 10 | | Education and Mayor of the City of Chicago by January 1, 1999.
| 11 | | (Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97; | 12 | | 90-548, eff. 1-1-98.)
| 13 | | Section 95. No acceleration or delay. Where this Act makes | 14 | | changes in a statute that is represented in this Act by text | 15 | | that is not yet or no longer in effect (for example, a Section | 16 | | represented by multiple versions), the use of that text does | 17 | | not accelerate or delay the taking effect of (i) the changes | 18 | | made by this Act or (ii) provisions derived from any other | 19 | | Public Act.
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.".
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