SB0453sam001 101ST GENERAL ASSEMBLY

Sen. Omar Aquino

Filed: 4/3/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 453

2    AMENDMENT NO. ______. Amend Senate Bill 453 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Section
534-2.1 as follows:
 
6    (105 ILCS 5/34-2.1)  (from Ch. 122, par. 34-2.1)
7    Sec. 34-2.1. Local School Councils - Composition -
8Voter-Eligibility - Elections - Terms.
9    (a) A local school council shall be established for each
10attendance center within the school district. Each local school
11council shall consist of the following 12 voting members: the
12principal of the attendance center, 2 teachers employed and
13assigned to perform the majority of their employment duties at
14the attendance center, 6 parents of students currently enrolled
15at the attendance center, one employee of the school district
16employed and assigned to perform the majority of his or her

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1also disclose, in a manner determined by the Board, if he or
2she ever has been convicted of any of the offenses specified in
3subsection (c) of Section 34-18.5; provided that neither this
4provision nor any other provision of this Section shall be
5deemed to require the disclosure of any information that is
6contained in any law enforcement record or juvenile court
7record that is confidential or whose accessibility or
8disclosure is restricted or prohibited under Section 5-901 or
95-905 of the Juvenile Court Act of 1987. Failure to make such
10disclosure shall render a person ineligible for election or to
11serve on the local school council. The same disclosure shall be
12required of persons under consideration for appointment to the
13Council pursuant to subsections (l) and (m) of this Section.
14    (f-5) An individual is ineligible for election or
15appointment to a local school council if he or she appears on
16the Dru Sjodin National Sex Offender Public Website or the
17Statewide Sex Offender Database or Statewide Murderer and
18Violent Offender Against Youth Database under Section 34-18.5.
19If the general superintendent, upon a check, determines at any
20time that a local school council member or member-elect appears
21on the Dru Sjodin National Sex Offender Public Website or the
22Statewide Sex Offender Database or Statewide Murderer and
23Violent Offender Against Youth Database, the general
24superintendent must notify the local school council member or
25member-elect of such determination and the local school council
26member or member-elect must be removed from the local school

 

 

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1council by the board, subject to a hearing, convened pursuant
2to board rule, prior to removal.
3    Notwithstanding any other provision of law to the contrary,
4a local school council member must comply with all applicable
5board rules and policies regarding employees or volunteers if
6he or she engages in school activities beyond the scope of his
7or her official duty as a council member. Notwithstanding
8disclosure, a person who has been convicted of any of the
9following offenses at any time shall be ineligible for election
10or appointment to a local school council and ineligible for
11appointment to a local school council pursuant to subsections
12(l) and (m) of this Section: (i) those defined in Section
1311-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1,
1411-14.4, 11-16, 11-17.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1511-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15, or 12-16, or
16subdivision (a)(2) of Section 11-14.3, of the Criminal Code of
171961 or the Criminal Code of 2012, or (ii) any offense
18committed or attempted in any other state or against the laws
19of the United States, which, if committed or attempted in this
20State, would have been punishable as one or more of the
21foregoing offenses. Notwithstanding disclosure, a person who
22has been convicted of any of the following offenses within the
2310 years previous to the date of nomination or appointment
24shall be ineligible for election or appointment to a local
25school council: (i) those defined in Section 401.1, 405.1, or
26405.2 of the Illinois Controlled Substances Act or (ii) any

 

 

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

 

 

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1attendance center between the hours of 6:00 a.m. and 7:00 p.m.
2    (i) Candidates receiving the highest number of votes shall
3be declared elected by the Council. In cases of a tie, the
4Council shall determine the winner by lot.
5    (j) The Council shall certify the results of the election
6and shall publish the results in the minutes of the Council.
7    (k) The general superintendent shall resolve any disputes
8concerning election procedure or results and shall ensure that,
9except as provided in subsections (e) and (g), no resources of
10any attendance center shall be used to endorse or promote any
11candidate.
12    (l) Beginning with the 1995-1996 school year and in every
13even numbered year thereafter, the Board shall appoint 2
14teacher members to each local school council. These
15appointments shall be made in the following manner:
16        (i) The Board shall appoint 2 teachers who are employed
17    and assigned to perform the majority of their employment
18    duties at the attendance center to serve on the local
19    school council of the attendance center for a two-year term
20    coinciding with the terms of the elected parent and
21    community members of that local school council. These
22    appointments shall be made from among those teachers who
23    are nominated in accordance with subsection (f).
24        (ii) A non-binding, advisory poll to ascertain the
25    preferences of the school staff regarding appointments of
26    teachers to the local school council for that attendance

 

 

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

 

 

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1made in the following manner:
2        (i) Appointments shall be made from among those
3    students who submit statements of candidacy to the
4    principal of the attendance center, such statements to be
5    submitted commencing on the first day of the twentieth week
6    of school and continuing for 2 weeks thereafter. The form
7    and manner of such candidacy statements shall be determined
8    by the Board.
9        (ii) During the twenty-second week of school in every
10    year, the principal of each attendance center shall conduct
11    a non-binding, advisory poll to ascertain the preferences
12    of the school students regarding the appointment of a
13    student to the local school council for that attendance
14    center. At such poll, each student shall be entitled to
15    indicate his or her preference for up to one candidate from
16    among those who submitted statements of candidacy as
17    described above. The Board shall promulgate rules to ensure
18    that these non-binding, advisory polls are conducted in a
19    fair and equitable manner and maximize the involvement of
20    all school students. The preferences expressed in these
21    non-binding, advisory polls shall be transmitted by the
22    principal to the Board. However, these preferences shall be
23    advisory only and the Board shall maintain absolute
24    discretion to appoint student members to local school
25    councils, irrespective of the preferences expressed in any
26    such poll.

 

 

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

 

 

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1or statements to be filed by Council members at regular
2intervals with the Secretary of the Board. Failure to comply
3with such rules or intentionally falsifying such reports shall
4be grounds for disqualification from local school council
5membership. A vacancy on the Council for disqualification may
6be so declared by the Secretary of the Board. Rules regarding
7conflicts of interest and disclosure of economic interests
8promulgated by the Board shall apply to local school council
9members. No less than 45 days prior to the deadline, the
10general superintendent shall provide notice, by mail, to each
11local school council member of all requirements and forms for
12compliance with economic interest statements.
13    (r) (1) If a parent member of a local school council ceases
14to have any child enrolled in the attendance center governed by
15the Local School Council due to the graduation or voluntary
16transfer of a child or children from the attendance center, the
17parent's membership on the Local School Council and all voting
18rights are terminated immediately as of the date of the child's
19graduation or voluntary transfer. If the child of a parent
20member of a local school council dies during the member's term
21in office, the member may continue to serve on the local school
22council for the balance of his or her term. Further, a local
23school council member may be removed from the Council by a
24majority vote of the Council as provided in subsection (c) of
25Section 34-2.2 if the Council member has missed 3 consecutive
26regular meetings, not including committee meetings, or 5

 

 

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

 

 

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1school, provided that if the teacher representative resigns
2from employment with the Board or voluntarily transfers to
3another school, the teacher's membership on the local school
4council and all voting rights are terminated immediately as of
5the date of the teacher's resignation or upon the date of the
6teacher's voluntary transfer to another school. If a teacher
7member of a local school council ceases to be eligible to serve
8on a local school council for any other reason, that member
9shall be removed by the Board subject to a hearing, convened
10pursuant to Board rule, prior to removal.
11    (s) As used in this Section only, "community resident"
12means a person, 17 years of age or older, residing within an
13attendance area served by a school, excluding any person who is
14a parent of a student enrolled in that school; provided that
15with respect to any multi-area school, community resident means
16any person, 17 years of age or older, residing within the
17voting district established for that school pursuant to Section
1834-2.1c, excluding any person who is a parent of a student
19enrolled in that school. This definition does not apply to any
20provisions concerning school boards.
21(Source: P.A. 99-597, eff. 1-1-17.)".