Full Text of SB0101 102nd General Assembly
SB0101enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | WHEREAS, Postsecondary education is increasingly necessary | 3 | | for success in the modern workforce; and
| 4 | | WHEREAS, The affordability of college is an ongoing | 5 | | concern for students, families, and State policymakers; and
| 6 | | WHEREAS, The equitable first-day-of-class access to | 7 | | effective textbooks and other learning materials plays a | 8 | | critical role in a student's postsecondary educational | 9 | | experience; and
| 10 | | WHEREAS, Institutions of higher learning within and | 11 | | outside of this State are utilizing online educational | 12 | | software to enhance and personalize a student's learning | 13 | | experience while driving down the costs of attending college; | 14 | | therefore, | 15 | | Be it enacted by the People of the State of Illinois,
| 16 | | represented in the General Assembly:
| 17 | | Section 5. The School Code is amended by changing Sections | 18 | | 34-2.1, 34-2.2, 34-2.3, 34-2.4b, and 34-8.3 as follows:
| 19 | | (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
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| 1 | | Sec. 34-2.1. Local school councils; composition; voter | 2 | | eligibility; elections; terms School Councils - Composition - | 3 | | Voter-Eligibility
- Elections - Terms . | 4 | | (a) Beginning with the first local school council election | 5 | | that occurs after the effective date of this amendatory Act of | 6 | | the 102nd General Assembly, a A local school council shall be | 7 | | established for each attendance
center within the school | 8 | | district , including public small schools within the district . | 9 | | Each local school council shall
consist of the following 12 | 10 | | voting members: the principal of the
attendance center, 2 | 11 | | teachers employed and assigned to perform the
majority of | 12 | | their employment duties at the attendance center, 6 parents of
| 13 | | students currently enrolled at the attendance center, one | 14 | | employee of the school district employed and assigned to | 15 | | perform the majority of his or her employment duties at the | 16 | | attendance center who is not a teacher, and 2 community
| 17 | | residents. Neither the parents nor the community residents who | 18 | | serve as
members of the local school council shall be | 19 | | employees of the Board of
Education. In each secondary | 20 | | attendance center, the local school council
shall consist of | 21 | | 13 voting members through the 2020-2021 school year, the 12 | 22 | | voting members described above
and one full-time student | 23 | | member, and 15 voting members beginning with the 2021-2022 | 24 | | school year, the 12 voting members described above and 3 | 25 | | full-time student members, appointed as provided in subsection
| 26 | | (m) below. In each attendance center enrolling students in 7th |
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| 1 | | and 8th grade, one full-time student member shall be appointed | 2 | | as provided in subsection (m) of this Section.
In the event | 3 | | that the chief executive officer of the Chicago School Reform
| 4 | | Board of Trustees determines that a local school council is | 5 | | not carrying out
its financial duties effectively, the chief | 6 | | executive officer is authorized to
appoint a representative of | 7 | | the business community with experience in finance
and | 8 | | management
to serve as an advisor to the local school council | 9 | | for
the purpose of providing advice and assistance to the | 10 | | local school council on
fiscal matters.
The advisor shall have | 11 | | access to relevant financial records of the
local school | 12 | | council. The advisor may attend executive sessions.
The chief | 13 | | executive officer shall
issue a written policy defining the | 14 | | circumstances under which a local school
council is not | 15 | | carrying out its financial duties effectively.
| 16 | | (b) Within 7 days of January 11, 1991, the Mayor shall | 17 | | appoint the
members and officers (a Chairperson who shall be a | 18 | | parent member and a
Secretary) of each local school council | 19 | | who shall hold their offices until
their successors shall be | 20 | | elected and qualified. Members so appointed shall
have all the | 21 | | powers and duties of local school councils as set forth in
| 22 | | Public Act 86-1477 this amendatory Act of 1991 . The Mayor's | 23 | | appointments shall not require
approval by the City Council.
| 24 | | The membership of each local school council shall be | 25 | | encouraged to be
reflective of the racial and ethnic | 26 | | composition of the student population
of the attendance center |
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| 1 | | served by the local school council.
| 2 | | (c) Beginning with the 1995-1996 school year and in every | 3 | | even-numbered
year thereafter, the Board shall set second | 4 | | semester Parent Report Card
Pick-up Day for Local School | 5 | | Council elections and may schedule elections at
year-round | 6 | | schools for the same dates as the remainder of the school | 7 | | system.
Elections shall be
conducted as provided herein by the | 8 | | Board of Education in consultation with
the local school | 9 | | council at each attendance center. | 10 | | (c-5) Notwithstanding subsection (c), for the local school | 11 | | council election set for the 2019-2020 school year, the Board | 12 | | may hold the election on the first semester Parent Report Card | 13 | | Pick-up Day of the 2020-2021 school year, making any necessary | 14 | | modifications to the election process or date to comply with | 15 | | guidance from the Department of Public Health and the federal | 16 | | Centers for Disease Control and Prevention. The terms of | 17 | | office of all local school council members eligible to serve | 18 | | and seated on or after March 23, 2020 through January 10, 2021 | 19 | | are extended through January 10, 2021, provided that the | 20 | | members continue to meet eligibility requirements for local | 21 | | school council membership.
| 22 | | (d) Beginning with the 1995-96 school year, the following
| 23 | | procedures shall apply to the election of local school council | 24 | | members at each
attendance center:
| 25 | | (i) The elected members of each local school council | 26 | | shall consist of
the 6 parent members and the 2 community |
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| 1 | | resident members.
| 2 | | (ii) Each elected member shall be elected by the | 3 | | eligible voters of
that attendance center to serve for a | 4 | | two-year term
commencing on July 1
immediately following | 5 | | the election described in subsection
(c), except that the | 6 | | terms of members elected to a local school council under | 7 | | subsection (c-5) shall commence on January 11, 2021 and | 8 | | end on July 1, 2022. Eligible
voters for each attendance | 9 | | center shall consist of the parents and community
| 10 | | residents for that attendance center.
| 11 | | (iii) Each eligible voter shall be entitled
to cast | 12 | | one vote for up to
a total of 5 candidates, irrespective of | 13 | | whether such candidates are parent
or community resident | 14 | | candidates.
| 15 | | (iv) Each parent voter shall be entitled to vote in | 16 | | the local
school
council election at each attendance | 17 | | center in which he or she has a child
currently enrolled. | 18 | | Each community resident voter shall be entitled to
vote in | 19 | | the local school council election at each attendance | 20 | | center for
which he or she resides in the applicable | 21 | | attendance area or voting
district, as the case may be.
| 22 | | (v) Each eligible voter shall be entitled to vote | 23 | | once, but
not more
than once, in the local school council | 24 | | election at each attendance center
at which the voter is | 25 | | eligible to vote.
| 26 | | (vi) The 2 teacher members and the non-teacher |
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| 1 | | employee member of each local school council
shall be
| 2 | | appointed as provided in subsection (l) below each to | 3 | | serve for a
two-year
term coinciding with that of the | 4 | | elected parent and community resident
members. From March | 5 | | 23, 2020 through January 10, 2021, the chief executive | 6 | | officer or his or her designee may make accommodations to | 7 | | fill the vacancy of a teacher or non-teacher employee | 8 | | member of a local school council.
| 9 | | (vii) At secondary attendance centers and attendance | 10 | | centers enrolling students in 7th and 8th grade , the | 11 | | voting student members
shall
be appointed as provided in | 12 | | subsection (m) below to serve
for a one-year term | 13 | | coinciding with the beginning of the terms of the elected
| 14 | | parent and community members of the local school council. | 15 | | For the 2020-2021 school year, the chief executive officer | 16 | | or his or her designee may make accommodations to fill the | 17 | | vacancy of a student member of a local school council.
| 18 | | (e) The Council shall publicize the date and place of the | 19 | | election by
posting notices at the attendance center, in | 20 | | public places within the
attendance boundaries of the | 21 | | attendance center and by distributing notices
to the pupils at | 22 | | the attendance center, and shall utilize such other means
as | 23 | | it deems necessary to maximize the involvement of all eligible | 24 | | voters.
| 25 | | (f) Nomination. The Council shall publicize the opening of | 26 | | nominations
by posting notices at the attendance center, in |
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| 1 | | public places within the
attendance boundaries of the | 2 | | attendance center and by distributing notices
to the pupils at | 3 | | the attendance center, and shall utilize such other means
as | 4 | | it deems necessary to maximize the involvement of all eligible | 5 | | voters.
Not less than 2 weeks before the election date, | 6 | | persons eligible to run for
the Council shall submit their | 7 | | name,
date of birth, social
security number, if
available,
and | 8 | | some evidence of eligibility
to the Council. The Council shall | 9 | | encourage nomination of candidates
reflecting the | 10 | | racial/ethnic population of the students at the attendance
| 11 | | center. Each person nominated who runs as a candidate shall | 12 | | disclose, in a
manner determined by the Board, any economic | 13 | | interest held by such person,
by such person's spouse or | 14 | | children, or by each business entity in which
such person has | 15 | | an ownership interest, in any contract with the Board, any
| 16 | | local school council or any public school in the school
| 17 | | district.
Each person
nominated who runs as a candidate shall | 18 | | also disclose, in a manner determined
by the Board, if he or | 19 | | she ever has been convicted of any of the offenses
specified in | 20 | | subsection (c) of Section 34-18.5; provided that neither this
| 21 | | provision nor any other provision of this Section shall be | 22 | | deemed to require
the disclosure of any information that is | 23 | | contained in any law enforcement
record or juvenile court | 24 | | record that is confidential or whose accessibility or
| 25 | | disclosure is restricted or prohibited under Section 5-901 or
| 26 | | 5-905 of the Juvenile
Court Act of 1987.
Failure to make such |
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| 1 | | disclosure shall render a person ineligible
for election or to | 2 | | serve on the local school council. The same
disclosure shall | 3 | | be
required of persons under consideration for appointment to | 4 | | the Council
pursuant to subsections (l) and (m) of this | 5 | | Section.
| 6 | | (f-5) Notwithstanding disclosure, a person who has been | 7 | | convicted of any
of
the
following offenses at any time shall be | 8 | | ineligible for election or appointment
to a local
school | 9 | | council and ineligible for appointment to a local school | 10 | | council
pursuant to
subsections (l) and (m) of this Section: | 11 | | (i) those defined in Section 11-1.20, 11-1.30, 11-1.40, | 12 | | 11-1.50, 11-1.60, 11-6,
11-9.1, 11-14.4, 11-16,
11-17.1, | 13 | | 11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, | 14 | | 12-14, 12-14.1, 12-15, or
12-16, or subdivision (a)(2) of | 15 | | Section 11-14.3, of the
Criminal Code of 1961 or the Criminal | 16 | | Code of 2012, or (ii) any offense committed or attempted in any | 17 | | other
state or
against the laws of the United States, which, if | 18 | | committed or attempted in this
State,
would have been | 19 | | punishable as one or more of the foregoing offenses.
| 20 | | Notwithstanding
disclosure, a person who has been convicted of | 21 | | any of the following offenses
within the
10 years previous to | 22 | | the date of nomination or appointment shall be ineligible
for | 23 | | election or
appointment to a local school council:
(i) those | 24 | | defined in Section 401.1, 405.1, or 405.2 of the Illinois | 25 | | Controlled
Substances Act or (ii) any
offense committed
or | 26 | | attempted in any other state or against the laws of the United |
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| 1 | | States,
which, if
committed or attempted in this State, would | 2 | | have been punishable as one or more
of the
foregoing offenses.
| 3 | | Immediately upon election or appointment, incoming local | 4 | | school
council members
shall be
required to undergo a criminal | 5 | | background investigation, to be completed prior
to the member | 6 | | taking office,
in order to identify
any criminal convictions | 7 | | under the offenses enumerated in Section 34-18.5.
The | 8 | | investigation shall be conducted by the Illinois State Police | 9 | | in the
same manner as provided for in Section 34-18.5. | 10 | | However, notwithstanding
Section 34-18.5, the social security | 11 | | number shall be provided only if
available.
If it is | 12 | | determined at any time that a local school council member or
| 13 | | member-elect has been convicted
of any of the offenses | 14 | | enumerated in this Section or failed to disclose a
conviction | 15 | | of any of the offenses enumerated in Section 34-18.5, the | 16 | | general
superintendent shall notify the local school council | 17 | | member or member-elect of
such
determination and the local | 18 | | school council member or member-elect shall be
removed from | 19 | | the
local school council by the Board, subject to a hearing,
| 20 | | convened pursuant to Board rule, prior to removal.
| 21 | | (g) At least one week before the election date, the | 22 | | Council shall
publicize, in the manner provided in subsection | 23 | | (e), the names of persons
nominated for election.
| 24 | | (h) Voting shall be in person by secret ballot at the | 25 | | attendance center
between the hours of 6:00 a.m. and 7:00 p.m.
| 26 | | (i) Candidates receiving the highest number of votes shall |
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| 1 | | be declared
elected by the Council. In cases of a tie, the | 2 | | Council shall determine the
winner by lottery lot .
| 3 | | (j) The Council shall certify the results of the election | 4 | | and shall
publish the results in the minutes of the Council.
| 5 | | (k) The general superintendent shall resolve any
disputes
| 6 | | concerning election procedure or results and shall ensure | 7 | | that, except as
provided in subsections (e) and (g), no | 8 | | resources of any attendance center
shall be used to endorse or | 9 | | promote any candidate.
| 10 | | (l) Beginning with the first local school council election | 11 | | that occurs after the effective date of this amendatory Act of | 12 | | the 102nd General Assembly, Beginning with the 1995-1996 | 13 | | school year
and in every
even numbered
year thereafter , the | 14 | | Board shall appoint 2 teacher
members to each
local school | 15 | | council. These appointments shall be made in the following
| 16 | | manner:
| 17 | | (i) The Board shall appoint 2 teachers who are
| 18 | | employed and assigned to
perform the majority of
their | 19 | | employment duties at the attendance center
to serve on the | 20 | | local school council of the attendance center for a | 21 | | two-year
term coinciding with the terms of the elected | 22 | | parent and
community members of that local school council. | 23 | | These
appointments shall be made from among those teachers | 24 | | who are nominated in
accordance with subsection (f).
| 25 | | (ii) A non-binding, advisory poll to ascertain the
| 26 | | preferences of the
school staff regarding appointments of |
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| 1 | | teachers to the local school council
for that attendance | 2 | | center shall be conducted in accordance with the
| 3 | | procedures used to elect parent and community Council | 4 | | representatives. At
such poll, each member of the school | 5 | | staff shall be entitled to indicate
his or her preference | 6 | | for up to 2 candidates from among those who submitted
| 7 | | statements of candidacy as described above. These | 8 | | preferences shall be
advisory only and the Board shall | 9 | | maintain absolute discretion to appoint
teacher members to | 10 | | local school councils, irrespective of the preferences
| 11 | | expressed in any such poll. Prior to the appointment of | 12 | | staff members to local school councils, the Board shall | 13 | | make public the vetting process of staff member | 14 | | candidates. Any staff member seeking candidacy shall be | 15 | | allowed to make an inquiry to the Board to determine if the | 16 | | Board may deny the appointment of the staff member. An | 17 | | inquiry made to the Board shall be made in writing in | 18 | | accordance with Board procedure.
| 19 | | (iii) In the event that a teacher representative is | 20 | | unable to perform
his or her employment duties at the | 21 | | school due to illness, disability, leave of
absence, | 22 | | disciplinary action, or any other reason, the Board shall | 23 | | declare
a temporary vacancy and appoint a replacement | 24 | | teacher representative to serve
on the local school | 25 | | council until such time as the teacher member originally
| 26 | | appointed pursuant to this subsection (l) resumes service |
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| 1 | | at the attendance
center or for the remainder of the term. | 2 | | The replacement teacher
representative shall be appointed | 3 | | in the same manner and by the same procedures
as teacher | 4 | | representatives are appointed in subdivisions (i) and (ii) | 5 | | of this
subsection (l).
| 6 | | (m) Beginning with the 1995-1996 school year through the | 7 | | 2020-2021 school year, the Board shall appoint one student | 8 | | member to each
secondary attendance center. Beginning with the | 9 | | 2021-2022 school year and for every school year thereafter, | 10 | | the Board shall appoint 3 student members to the local school | 11 | | council of each secondary attendance center and one student | 12 | | member to the local school council of each attendance center | 13 | | enrolling students in 7th and 8th grade . Students enrolled in | 14 | | grade 6 or above are eligible to be candidates for a local | 15 | | school council. No attendance center enrolling students in 7th | 16 | | and 8th grade may have more than one student member, unless the | 17 | | attendance center enrolls students in grades 7 through 12, in | 18 | | which case the attendance center may have a total of 3 student | 19 | | members on the local school council. The Board may establish | 20 | | criteria for students to be considered eligible to serve as a | 21 | | student member. These appointments shall be made in the
| 22 | | following manner:
| 23 | | (i) Appointments shall be made from among those students | 24 | | who submit
statements of candidacy to the principal of the | 25 | | attendance center, such
statements to be submitted | 26 | | commencing on the first day of the twentieth
week of |
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| 1 | | school and
continuing for 2 weeks thereafter. The form and | 2 | | manner of such candidacy
statements shall be determined by | 3 | | the Board.
| 4 | | (ii) During the twenty-second week of school in every | 5 | | year,
the principal of
each attendance center shall | 6 | | conduct a binding election a non-binding, advisory poll to
| 7 | | ascertain the preferences of the school students regarding | 8 | | the appointment
of students to the local school council | 9 | | for that attendance center. At
such election poll , each | 10 | | student shall be entitled to indicate his or her | 11 | | preference
for up to one candidate from among those who | 12 | | submitted statements of
candidacy as described above. The | 13 | | Board shall promulgate rules to ensure
that these | 14 | | elections non-binding, advisory polls are conducted in a | 15 | | fair and
equitable manner and maximize the involvement of | 16 | | all school students. In the case of a tie vote, the local | 17 | | school council shall determine the winner by lottery. The
| 18 | | preferences expressed in these elections non-binding, | 19 | | advisory poll s shall be
transmitted by the principal to | 20 | | the Board. These However, these preferences
shall be | 21 | | binding on the Board advisory only and the Board shall | 22 | | maintain absolute discretion to
appoint student members to | 23 | | local school councils, irrespective of the
preferences | 24 | | expressed in any such poll .
| 25 | | (iii) (Blank). For the 1995-96 school year only, | 26 | | appointments shall be made from
among those students who |
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| 1 | | submitted statements of candidacy to the principal
of the | 2 | | attendance center during the first 2 weeks of the school | 3 | | year.
The
principal shall communicate the results of any | 4 | | nonbinding, advisory poll to the
Board. These results | 5 | | shall be advisory only, and the Board shall maintain
| 6 | | absolute discretion to appoint student members to local | 7 | | school councils,
irrespective of the preferences expressed | 8 | | in any such poll.
| 9 | | (n) The Board may promulgate such other rules and | 10 | | regulations for
election procedures as may be deemed necessary | 11 | | to ensure fair elections.
| 12 | | (o) In the event that a vacancy occurs during a member's | 13 | | term, the
Council shall appoint a person eligible to serve on | 14 | | the Council , to fill
the unexpired term created by the | 15 | | vacancy, except that any teacher or non-teacher staff vacancy
| 16 | | shall be filled by the Board after considering the preferences | 17 | | of the school
staff as ascertained through a non-binding | 18 | | advisory poll of school staff. In the case of a student | 19 | | vacancy, the vacancy shall be filled by the preferences of an | 20 | | election poll of students.
| 21 | | (p) If less than the specified number of persons is | 22 | | elected within each
candidate category, the newly elected | 23 | | local school council shall appoint
eligible persons to serve | 24 | | as members of the Council for 2-year two-year terms , as | 25 | | provided in subsection (c-5) of Section 34-2.2 of this Code .
| 26 | | (q) The Board shall promulgate rules regarding conflicts |
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| 1 | | of interest
and disclosure of economic interests which shall | 2 | | apply to local school
council members and which shall require | 3 | | reports or statements to be filed
by Council members at | 4 | | regular intervals with the Secretary of the
Board. Failure to | 5 | | comply with such rules
or intentionally falsifying such | 6 | | reports shall be grounds for
disqualification from local | 7 | | school council membership. A vacancy on the
Council for | 8 | | disqualification may be so declared by the Secretary of the
| 9 | | Board. Rules regarding conflicts of interest and disclosure of
| 10 | | economic interests promulgated by the Board shall apply to | 11 | | local school council
members. No less than 45 days prior to the | 12 | | deadline, the general
superintendent shall provide notice, by | 13 | | mail, to each local school council
member of all requirements | 14 | | and forms for compliance with economic interest
statements.
| 15 | | (r) (1) If a parent member of a local school council ceases | 16 | | to have any
child
enrolled in the attendance center governed | 17 | | by the Local School Council due to
the graduation or voluntary | 18 | | transfer of a child or children from the attendance
center, | 19 | | the parent's membership on the Local School Council and all | 20 | | voting
rights are terminated immediately as of the date of the | 21 | | child's graduation or
voluntary transfer. If the child of a | 22 | | parent member of a local school council dies during the | 23 | | member's term in office, the member may continue to serve on | 24 | | the local school council for the balance of his or her term. | 25 | | Further,
a local school council member may be removed from the | 26 | | Council by a
majority vote of the Council as provided in |
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| 1 | | subsection (c) of Section
34-2.2 if the Council member has | 2 | | missed 3 consecutive regular meetings, not
including committee | 3 | | meetings, or 5 regular meetings in a 12-month 12 month period,
| 4 | | not including committee meetings.
If a parent member of a | 5 | | local school council ceases to be eligible to serve
on the | 6 | | Council for any other reason, he or she shall be removed by the | 7 | | Board
subject
to a hearing, convened pursuant to Board rule, | 8 | | prior to removal.
A vote to remove a Council member by the | 9 | | local school council shall
only be valid if the Council member | 10 | | has been notified personally or by
certified mail, mailed to | 11 | | the person's last known address, of the Council's
intent to | 12 | | vote on the Council member's removal at least 7 days prior to | 13 | | the
vote. The Council member in question shall have the right | 14 | | to explain
his or her actions and shall be eligible to vote on | 15 | | the
question of his or her removal from the Council. The | 16 | | provisions of this
subsection shall be contained within the | 17 | | petitions used to nominate Council
candidates.
| 18 | | (2) A person may continue to serve as a community resident | 19 | | member of a
local
school council as long as he or she resides | 20 | | in the attendance area served by
the
school and is not employed | 21 | | by the Board nor is a parent of a student enrolled
at the | 22 | | school. If a community resident member ceases to be eligible | 23 | | to serve
on the Council, he or she shall be removed by the | 24 | | Board subject to a hearing,
convened pursuant to Board rule, | 25 | | prior to removal.
| 26 | | (3) A person may continue to serve as a staff teacher |
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| 1 | | member of a local school
council as long as he or she is | 2 | | employed and assigned to perform a majority of
his or her | 3 | | duties at the school, provided that if the staff teacher | 4 | | representative
resigns from employment with the Board or
| 5 | | voluntarily transfers to another school, the staff member's | 6 | | teacher's membership on the local
school council and all | 7 | | voting rights are terminated immediately as of the date
of the | 8 | | staff member's teacher's resignation or upon the date of the | 9 | | staff member's teacher's voluntary
transfer to another school. | 10 | | If a staff teacher member of a local school council
ceases to | 11 | | be eligible to serve on a local school council for any other | 12 | | reason,
that member shall be removed by the Board subject to a | 13 | | hearing, convened
pursuant to Board rule, prior to removal. | 14 | | (s) As used in this Section only, "community resident" | 15 | | means a person, 17 years of age or older, residing within an | 16 | | attendance area served by a school, excluding any person who | 17 | | is a parent of a student enrolled in that school; provided that | 18 | | with respect to any multi-area school, community resident | 19 | | means any person, 17 years of age or older, residing within the | 20 | | voting district established for that school pursuant to | 21 | | Section 34-2.1c, excluding any person who is a parent of a | 22 | | student enrolled in that school. This definition does not | 23 | | apply to any provisions concerning school boards.
| 24 | | (Source: P.A. 101-643, eff. 6-18-20; 102-194, eff. 7-30-21; | 25 | | 102-538, eff. 8-20-21; revised 10-18-21.)
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| 1 | | (105 ILCS 5/34-2.2) (from Ch. 122, par. 34-2.2)
| 2 | | Sec. 34-2.2. Local school councils; manner councils - | 3 | | Manner of operation.
| 4 | | (a) The annual organizational meeting of each local school | 5 | | council
shall be held at the attendance center or via | 6 | | videoconference or teleconference if guidance from the | 7 | | Department of Public Health or Centers for Disease Control and | 8 | | Prevention limits the size of in-person meetings at the time | 9 | | of the meeting. At the annual organization meeting,
which | 10 | | shall be held no sooner than July 1 and no later than July 14, | 11 | | a parent
member of the local school council shall be selected | 12 | | by the members of such
council as its chairperson, and a | 13 | | secretary shall be selected by the members of
such council | 14 | | from among their number, each to serve a term of one year.
| 15 | | However, an organizational meeting held by members elected to | 16 | | a local school council under subsection (c-5) of Section | 17 | | 34-2.1 may be held no sooner than January 11, 2021 and no later | 18 | | than January 31, 2021. Whenever a vacancy in the office of | 19 | | chairperson or secretary of a local school
council shall | 20 | | occur, a new chairperson (who shall be a parent member) or
| 21 | | secretary, as the case may be, shall be elected by the members | 22 | | of the local
school council from among their number to serve as | 23 | | such
chairperson or secretary for the unexpired term of office | 24 | | in which the
vacancy occurs. At each annual organizational | 25 | | meeting, the time and
place of any regular meetings of the | 26 | | local school council shall be fixed.
Special meetings of the |
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| 1 | | local school council may be called by the
chairperson or by any | 2 | | 4 members from an attendance center enrolling students up to | 3 | | grade 8 or any 5 members from a secondary attendance center or | 4 | | an attendance center enrolling students in grades 7 through | 5 | | 12, by giving notice thereof in writing,
specifying the time, | 6 | | place and purpose of the meeting. Public notice of
meetings | 7 | | shall also be given in accordance with the Open Meetings Act.
| 8 | | (b) Members and officers of the local school council shall | 9 | | serve
without compensation and without reimbursement of any | 10 | | expenses incurred in
the performance of their duties, except | 11 | | that the board of education may by
rule establish a procedure | 12 | | and thereunder provide for reimbursement of
members and | 13 | | officers of local school councils for such of their reasonable
| 14 | | and necessary expenses (excluding any lodging or meal | 15 | | expenses) incurred in
the performance of their duties as the | 16 | | board may deem appropriate.
| 17 | | (c) A majority of the full membership of the local school | 18 | | council
shall constitute a quorum, except as provided in | 19 | | subsection (c-5), and whenever a vote is taken on any measure
| 20 | | before the local school council, a quorum being present, the | 21 | | affirmative
vote of a majority of the votes of the full | 22 | | membership then serving of the
local school council shall | 23 | | determine the outcome thereof; provided that
whenever the | 24 | | measure before the local school council is (i) the evaluation
| 25 | | of the principal, or (ii) the renewal of his or her performance | 26 | | contract or
the inclusion of any provision or modification of |
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| 1 | | the contract, or (iii)
the direct selection by the local | 2 | | school council of a new principal
(including
a new principal | 3 | | to fill a vacancy) to serve under a 4 year performance
| 4 | | contract, or (iv) the determination of the names of candidates | 5 | | to be submitted
to the general superintendent for the position | 6 | | of
principal, the
principal and any
student members of a local | 7 | | high school council shall not be counted for purposes of
| 8 | | determining whether a quorum is present to act on the measure | 9 | | and shall have no
vote thereon; and provided further that 7 | 10 | | affirmative votes of the local school
council shall be | 11 | | required for the direct selection by the local school
council
| 12 | | of a new principal
to serve under a 4 year performance contract | 13 | | but not for the renewal of a
principal's performance contract.
| 14 | | (c-5) If the number of members serving on a the local | 15 | | school council at an attendance center enrolling students | 16 | | through the 8th grade falls below 7 members due to vacancies, | 17 | | then 4 serving members of whom at least 2 are parent or | 18 | | community elected members of the local school council shall | 19 | | constitute a quorum for the sole purpose of convening a | 20 | | meeting to fill vacancies through appointments in accordance | 21 | | with the process set forth in Section 34-2.1 of this Code. If | 22 | | the number of members serving on a local school council at a | 23 | | secondary attendance center falls below 8 members due to | 24 | | vacancies, then 5 serving members of whom at least 2 are parent | 25 | | or community members of the local school council shall | 26 | | constitute a quorum for the sole purpose of convening a |
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| 1 | | meeting to fill vacancies through appointments in accordance | 2 | | with the process set forth in Section 34-2.1 of this Code. For | 3 | | such purposes, the affirmative vote of a majority of those | 4 | | present shall be required to fill a vacancy through | 5 | | appointment by the local school council. | 6 | | (d) Student members of high school councils shall not be | 7 | | eligible
to vote on personnel matters, including but not | 8 | | limited to principal
evaluations and contracts and the | 9 | | allocation of teaching and staff resources.
| 10 | | (e) The local school council of an attendance center which | 11 | | provides
bilingual education shall be encouraged to provide | 12 | | translators at each
council meeting to maximize participation | 13 | | of parents and the community.
| 14 | | (f) Each local school council of an attendance center | 15 | | which provides
bilingual education shall create a Bilingual | 16 | | Advisory Committee or
recognize an existing Bilingual Advisory | 17 | | Committee as a standing committee.
The Chair and a majority of | 18 | | the members of the advisory committee shall be
parents of | 19 | | students in the bilingual education program. The parents on | 20 | | the
advisory committee shall be selected by parents of | 21 | | students in the
bilingual education program, and the committee | 22 | | shall select a Chair. The
advisory committee for each | 23 | | secondary attendance center shall include at
least one | 24 | | full-time bilingual education student. The Bilingual Advisory
| 25 | | Committee shall serve only in an advisory capacity to the | 26 | | local school council.
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| 1 | | (g) Local school councils may utilize the services of an | 2 | | arbitration
board to resolve intra-council disputes.
| 3 | | (Source: P.A. 101-643, eff. 6-18-20; 102-194, eff. 7-30-21; | 4 | | 102-296, eff. 8-6-21; revised 10-18-21.)
| 5 | | (105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
| 6 | | (Text of Section before amendment by P.A. 102-360 )
| 7 | | Sec. 34-2.3. Local school councils; powers councils - | 8 | | Powers and duties. Each local school
council shall have and | 9 | | exercise, consistent with the provisions of
this Article and | 10 | | the powers and duties of
the board of education, the following | 11 | | powers and duties:
| 12 | | 1. (A) To annually evaluate the performance of the | 13 | | principal of the
attendance
center
using a Board approved | 14 | | principal evaluation form, which shall include the
evaluation | 15 | | of
(i) student academic improvement, as defined by the
school | 16 | | improvement plan, (ii)
student absenteeism rates
at the | 17 | | school, (iii) instructional leadership, (iv) the effective
| 18 | | implementation of
programs, policies, or strategies to improve | 19 | | student academic achievement,
(v) school management, and (vi) | 20 | | any other factors deemed relevant by the local
school council, | 21 | | including, without limitation, the principal's communication
| 22 | | skills and ability to create and maintain a student-centered | 23 | | learning
environment, to develop opportunities for | 24 | | professional development, and to
encourage parental | 25 | | involvement and community partnerships to achieve school
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| 1 | | improvement;
| 2 | | (B) to determine in the manner provided by subsection (c) | 3 | | of Section
34-2.2 and subdivision 1.5 of this Section whether | 4 | | the performance contract
of the principal shall be
renewed; | 5 | | and
| 6 | | (C) to directly select, in the manner provided by
| 7 | | subsection (c) of
Section 34-2.2, a new principal (including a | 8 | | new principal to fill a
vacancy)
-- without submitting any | 9 | | list of candidates for that position to the
general | 10 | | superintendent as provided in paragraph 2 of this Section -- | 11 | | to
serve under a 4 year performance contract; provided that | 12 | | (i) the determination
of whether the principal's performance | 13 | | contract is to be renewed, based upon
the evaluation required | 14 | | by subdivision 1.5 of this Section, shall be made no
later than | 15 | | 150 days prior to the expiration of the current | 16 | | performance-based
contract of the principal, (ii) in cases | 17 | | where such performance
contract is not renewed -- a
direct | 18 | | selection
of a
new principal -- to serve under a 4 year | 19 | | performance contract shall be made by
the local school council | 20 | | no later than 45 days prior to the expiration of the
current | 21 | | performance contract of the principal, and (iii) a
selection | 22 | | by
the local school council of a new principal to fill a | 23 | | vacancy under a 4 year
performance contract shall be made | 24 | | within 90 days after the date such vacancy
occurs. A Council | 25 | | shall be required, if requested by the principal, to provide
| 26 | | in writing the reasons for the council's not renewing the |
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| 1 | | principal's contract.
| 2 | | 1.5. The local school council's determination of whether | 3 | | to renew the
principal's contract shall be based on an | 4 | | evaluation to assess the educational
and administrative | 5 | | progress made at the school during the principal's current
| 6 | | performance-based contract. The local school council shall | 7 | | base its evaluation
on (i) student academic improvement, as | 8 | | defined by the school improvement plan,
(ii) student | 9 | | absenteeism rates at the school, (iii) instructional | 10 | | leadership,
(iv) the effective implementation of programs, | 11 | | policies, or strategies to
improve student academic | 12 | | achievement, (v) school management, and (vi) any
other factors | 13 | | deemed relevant by the local school council, including, | 14 | | without
limitation, the principal's communication skills and | 15 | | ability to create and
maintain a student-centered learning | 16 | | environment, to develop opportunities for
professional | 17 | | development, and to encourage parental involvement and | 18 | | community
partnerships to achieve school improvement. If a | 19 | | local school council
fails to renew the performance contract | 20 | | of a principal rated by the general
superintendent, or his or | 21 | | her designee, in the previous years' evaluations as
meeting or | 22 | | exceeding expectations, the principal, within 15 days after | 23 | | the
local school council's decision not to renew the contract, | 24 | | may request a review
of the
local school council's principal | 25 | | non-retention decision by a hearing officer
appointed by the | 26 | | American Arbitration Association. A local school council
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| 1 | | member or members or the general superintendent may support | 2 | | the principal's
request for review.
During the period of the | 3 | | hearing officer's review of the local school
council's | 4 | | decision on
whether or not to retain the principal, the local | 5 | | school council shall maintain
all authority
to search for and | 6 | | contract with a person to serve
as interim or acting
| 7 | | principal, or as the
principal of the attendance center under | 8 | | a 4-year performance contract,
provided that any performance | 9 | | contract entered into by the local school council
shall be | 10 | | voidable
or
modified in accordance with the decision of the | 11 | | hearing officer.
The principal may request review only once | 12 | | while at that
attendance center. If a local school council | 13 | | renews the contract of a
principal who failed to obtain a | 14 | | rating of "meets" or "exceeds expectations" in
the general | 15 | | superintendent's evaluation for the previous year, the general | 16 | | superintendent,
within 15
days after the local
school | 17 | | council's decision to renew the contract,
may request a review | 18 | | of
the local school council's principal retention decision by | 19 | | a hearing officer
appointed by the American Arbitration | 20 | | Association. The general superintendent may request a review | 21 | | only
once
for that principal at that attendance center. All | 22 | | requests to review the
retention or non-retention of a | 23 | | principal shall be submitted to the general
superintendent, | 24 | | who shall, in turn, forward such requests, within 14 days of
| 25 | | receipt, to the American Arbitration Association.
The general | 26 | | superintendent shall send a contemporaneous copy of the |
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| 1 | | request
that was forwarded to the American Arbitration | 2 | | Association to the principal and
to each local school council | 3 | | member and shall inform the local school council
of its rights | 4 | | and responsibilities under the arbitration process, including | 5 | | the
local school council's right to representation and the | 6 | | manner and process by
which the Board shall pay the costs of | 7 | | the council's representation.
If the local school council | 8 | | retains the
principal and the general superintendent requests | 9 | | a review of the retention
decision, the local school council | 10 | | and the general
superintendent shall be considered parties to | 11 | | the arbitration, a hearing officer shall
be
chosen between | 12 | | those 2
parties pursuant to procedures promulgated by the | 13 | | State Board of Education,
and the principal may retain counsel | 14 | | and participate in the arbitration. If the local school | 15 | | council does not retain the principal and
the principal | 16 | | requests a review of the retention decision, the local school
| 17 | | council and the principal shall be considered parties to the
| 18 | | arbitration and a hearing
officer shall be chosen between | 19 | | those 2 parties pursuant to procedures
promulgated by the | 20 | | State Board of Education.
The hearing shall begin (i)
within | 21 | | 45 days
after the initial request for review is submitted by | 22 | | the principal to the
general superintendent or (ii) if the
| 23 | | initial request for
review is made by the general | 24 | | superintendent, within 45 days after that request
is mailed
to | 25 | | the American Arbitration Association.
The hearing officer | 26 | | shall render a
decision within 45
days after the hearing |
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| 1 | | begins and within 90 days after the initial request
for | 2 | | review.
The Board shall contract with the American
Arbitration | 3 | | Association for all of the hearing officer's reasonable and
| 4 | | necessary costs. In addition, the Board shall pay any | 5 | | reasonable costs
incurred by a local school council for | 6 | | representation before a hearing
officer.
| 7 | | 1.10. The hearing officer shall conduct a hearing, which | 8 | | shall include (i)
a review of the principal's performance, | 9 | | evaluations, and other evidence of
the principal's service at | 10 | | the school, (ii) reasons provided by the local
school council | 11 | | for its decision, and (iii) documentation evidencing views of
| 12 | | interested persons, including,
without limitation, students, | 13 | | parents, local school council members, school
faculty and | 14 | | staff, the principal, the general superintendent or his or her
| 15 | | designee, and members of the community. The burden of proof in | 16 | | establishing
that the local school council's decision was | 17 | | arbitrary and capricious shall be
on the party requesting the | 18 | | arbitration, and this party shall sustain the
burden by a | 19 | | preponderance of the evidence.
The hearing officer shall set | 20 | | the
local school council decision aside if that decision, in | 21 | | light of the record
developed at the hearing, is arbitrary and | 22 | | capricious. The decision of the
hearing officer may not be | 23 | | appealed to the Board or the State Board of
Education. If the | 24 | | hearing officer decides that the principal shall be
retained, | 25 | | the retention period shall not exceed 2 years.
| 26 | | 2. In the event (i) the local school council does not renew |
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| 1 | | the
performance contract of the principal, or the principal | 2 | | fails to receive a
satisfactory rating as provided in | 3 | | subsection (h) of Section 34-8.3,
or the principal is
removed | 4 | | for cause during the term of his or her performance contract
in | 5 | | the manner provided by Section 34-85, or a vacancy in the | 6 | | position
of principal otherwise occurs prior to the expiration | 7 | | of the term of
a principal's performance contract, and (ii) | 8 | | the local school council
fails to directly select a new | 9 | | principal to serve under a 4 year performance
contract,
the | 10 | | local school council in such event shall submit to the general
| 11 | | superintendent a list of 3 candidates -- listed in the local | 12 | | school
council's order of preference -- for the position of | 13 | | principal, one of
which shall be selected by the general | 14 | | superintendent to serve as
principal of the attendance center. | 15 | | If the general superintendent
fails or refuses to select one | 16 | | of the candidates on the list to serve as
principal within 30 | 17 | | days after being furnished with the candidate list,
the | 18 | | general superintendent shall select and place a principal on | 19 | | an interim
basis (i) for a period not to exceed one year or | 20 | | (ii) until the local school
council selects a new principal | 21 | | with 7 affirmative votes as
provided in subsection (c) of | 22 | | Section 34-2.2, whichever occurs first. If the
local school | 23 | | council
fails or refuses to select and appoint a new | 24 | | principal, as specified by
subsection (c) of Section 34-2.2, | 25 | | the general superintendent may select and
appoint a new | 26 | | principal on an interim basis for
an additional year or until a |
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| 1 | | new contract principal is selected by the local
school | 2 | | council. There shall be no discrimination on the basis of
| 3 | | race, sex, creed, color or
disability unrelated to ability to | 4 | | perform in
connection with the submission of candidates for, | 5 | | and the selection of a
candidate to serve as principal of an | 6 | | attendance center. No person shall
be directly selected, | 7 | | listed as a candidate for, or selected to serve as
principal of | 8 | | an attendance center (i) if such person has been removed for | 9 | | cause
from employment by the Board or (ii) if such person does | 10 | | not hold a valid
administrative certificate issued or | 11 | | exchanged under Article 21 and
endorsed as required by that | 12 | | Article for the position of principal. A
principal whose | 13 | | performance contract is not renewed as provided under
| 14 | | subsection (c) of Section 34-2.2 may nevertheless, if | 15 | | otherwise qualified
and certified as herein provided
and if he | 16 | | or she has received a satisfactory rating as provided in | 17 | | subsection
(h) of Section 34-8.3, be included by a local | 18 | | school council as
one of the 3 candidates listed in order of | 19 | | preference on any candidate list
from which one person is to be | 20 | | selected to serve as principal of the
attendance center under | 21 | | a new performance contract. The initial candidate
list | 22 | | required to be submitted by a local school council to the | 23 | | general
superintendent in cases where the local school council | 24 | | does not renew the
performance contract of its principal and | 25 | | does not directly select a new
principal to serve under a 4 | 26 | | year performance contract shall be submitted
not later than
30 |
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| 1 | | days prior to the expiration of the current performance | 2 | | contract. In
cases where the local school council fails or | 3 | | refuses to submit the candidate
list to the general | 4 | | superintendent no later than 30 days prior to the
expiration | 5 | | of the incumbent principal's contract, the general | 6 | | superintendent
may
appoint a principal on an interim basis for | 7 | | a period not to exceed one year,
during which time the local | 8 | | school council shall be able to select a new
principal with 7 | 9 | | affirmative votes as provided in subsection (c) of Section
| 10 | | 34-2.2. In cases where a principal is removed for cause or a
| 11 | | vacancy otherwise occurs in the position of principal and the | 12 | | vacancy is
not filled by direct selection by the local school | 13 | | council, the candidate
list shall be submitted by the local | 14 | | school council to the general
superintendent within 90 days | 15 | | after the date such
removal or
vacancy occurs.
In cases where | 16 | | the local school council fails or refuses to submit the
| 17 | | candidate list to the general superintendent within 90 days | 18 | | after the date of
the vacancy, the general superintendent may | 19 | | appoint a principal on an interim
basis for a period of one | 20 | | year, during which time the local school council
shall be able | 21 | | to select a new principal with 7 affirmative votes as provided | 22 | | in
subsection (c) of Section 34-2.2.
| 23 | | 2.5. Whenever a vacancy in the office of a principal | 24 | | occurs for any reason,
the vacancy shall be filled in the | 25 | | manner provided by this Section by the
selection of a new | 26 | | principal to serve under a 4 year performance contract.
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| 1 | | 3. To establish additional criteria
to be included as part | 2 | | of
the
performance contract of its principal, provided that | 3 | | such additional
criteria shall not discriminate on the basis | 4 | | of race, sex, creed, color
or
disability unrelated to ability | 5 | | to perform, and shall not be inconsistent
with the uniform 4 | 6 | | year performance contract for principals developed by
the | 7 | | board as provided in Section 34-8.1 of the School Code
or with | 8 | | other provisions of this Article governing the
authority and | 9 | | responsibility of principals.
| 10 | | 4. To approve the expenditure plan prepared by the | 11 | | principal with
respect to all funds allocated and distributed | 12 | | to the attendance center by
the Board. The expenditure plan | 13 | | shall be administered by the principal.
Notwithstanding any | 14 | | other provision of this Act or any other law, any
expenditure | 15 | | plan approved and
administered under this Section 34-2.3 shall | 16 | | be consistent with and subject to
the terms of any contract for | 17 | | services with a third party entered into by the
Chicago School | 18 | | Reform Board of Trustees or the board under this Act.
| 19 | | Via a supermajority vote of 8 7 members of a the local | 20 | | school council enrolling students through the 8th grade or 9 8
| 21 | | members of a high school local school council at a secondary | 22 | | attendance center or an attendance center enrolling students | 23 | | in grades 7 through 12 , the Council may transfer
allocations | 24 | | pursuant to Section 34-2.3 within funds; provided that such a
| 25 | | transfer is consistent with applicable law and
collective | 26 | | bargaining
agreements.
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| 1 | | Beginning in fiscal year 1991 and in each fiscal year
| 2 | | thereafter, the
Board may reserve up to 1% of its total fiscal | 3 | | year budget for
distribution
on a prioritized basis to schools | 4 | | throughout the school system in order to
assure adequate | 5 | | programs to meet the needs of
special student populations as | 6 | | determined by the Board. This distribution
shall take into | 7 | | account the needs catalogued in the Systemwide Plan and the
| 8 | | various local school improvement plans of the local school | 9 | | councils.
Information about these centrally funded programs | 10 | | shall be distributed to
the local school councils so that | 11 | | their subsequent planning and programming
will account for | 12 | | these provisions.
| 13 | | Beginning in fiscal year 1991 and in each fiscal year | 14 | | thereafter, from
other amounts available in the applicable | 15 | | fiscal year budget, the board
shall allocate a lump sum amount | 16 | | to each local school based upon
such formula as the board shall | 17 | | determine taking into account the special needs
of the student | 18 | | body. The local school
principal shall develop an expenditure | 19 | | plan in consultation with the local
school council, the | 20 | | professional personnel leadership
committee and with all
other | 21 | | school personnel, which reflects the
priorities and activities | 22 | | as described in the school's local school
improvement plan and | 23 | | is consistent with applicable law and collective
bargaining | 24 | | agreements and with board policies and standards; however, the
| 25 | | local school council shall have the right to request waivers | 26 | | of board policy
from the board of education and waivers of |
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| 1 | | employee collective bargaining
agreements pursuant to Section | 2 | | 34-8.1a.
| 3 | | The expenditure plan developed by the principal with | 4 | | respect to
amounts available from the fund for prioritized | 5 | | special needs programs
and the allocated lump sum amount must | 6 | | be approved by the local school council.
| 7 | | The lump sum allocation shall take into account the
| 8 | | following principles:
| 9 | | a. Teachers: Each school shall be allocated funds | 10 | | equal to the
amount appropriated in the previous school | 11 | | year for compensation for
teachers (regular grades | 12 | | kindergarten through 12th grade) plus whatever
increases | 13 | | in compensation have been negotiated contractually or | 14 | | through
longevity as provided in the negotiated agreement. | 15 | | Adjustments shall be
made due to layoff or reduction in | 16 | | force, lack of funds or work, change in
subject | 17 | | requirements, enrollment changes, or contracts with third
| 18 | | parties for the performance of services or to rectify
any | 19 | | inconsistencies with system-wide allocation formulas or | 20 | | for other
legitimate reasons.
| 21 | | b. Other personnel: Funds for other teacher | 22 | | certificated and
uncertificated personnel paid through | 23 | | non-categorical funds shall be
provided according to | 24 | | system-wide formulas based on student enrollment and
the | 25 | | special needs of the school as determined by the Board.
| 26 | | c. Non-compensation items: Appropriations for all |
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| 1 | | non-compensation items
shall be based on system-wide | 2 | | formulas based on student enrollment and
on the special | 3 | | needs of the school or factors related to the physical
| 4 | | plant, including but not limited to textbooks, electronic | 5 | | textbooks and the technological equipment necessary to | 6 | | gain access to and use electronic textbooks, supplies, | 7 | | electricity,
equipment, and routine maintenance.
| 8 | | d. Funds for categorical programs: Schools shall | 9 | | receive personnel
and funds based on, and shall use such | 10 | | personnel and funds in accordance
with State and Federal | 11 | | requirements applicable to each
categorical program
| 12 | | provided to meet the special needs of the student body | 13 | | (including but not
limited to, Federal Chapter I, | 14 | | Bilingual, and Special Education).
| 15 | | d.1. Funds for State Title I: Each school shall | 16 | | receive
funds based on State and Board requirements | 17 | | applicable to each State
Title I pupil provided to meet | 18 | | the special needs of the student body. Each
school shall | 19 | | receive the proportion of funds as provided in Section | 20 | | 18-8 or 18-8.15 to
which they are entitled. These funds | 21 | | shall be spent only with the
budgetary approval of the | 22 | | Local School Council as provided in Section 34-2.3.
| 23 | | e. The Local School Council shall have the right to | 24 | | request the
principal to close positions and open new ones | 25 | | consistent with the
provisions of the local school | 26 | | improvement plan provided that these
decisions are |
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| 1 | | consistent with applicable law and
collective bargaining
| 2 | | agreements. If a position is closed, pursuant to this | 3 | | paragraph, the local
school shall have for its use the | 4 | | system-wide average compensation for the
closed position.
| 5 | | f. Operating within existing laws and
collective | 6 | | bargaining agreements,
the local school council shall have | 7 | | the right to direct the principal to
shift expenditures | 8 | | within funds.
| 9 | | g. (Blank).
| 10 | | Any funds unexpended at the end of the fiscal year shall be | 11 | | available to
the board of education for use as part of its | 12 | | budget for the following
fiscal year.
| 13 | | 5. To make recommendations to the principal concerning | 14 | | textbook
selection and concerning curriculum developed | 15 | | pursuant to the school
improvement plan which is consistent | 16 | | with systemwide curriculum objectives
in accordance with | 17 | | Sections 34-8 and 34-18 of the School Code and in
conformity | 18 | | with the collective bargaining agreement.
| 19 | | 6. To advise the principal concerning the attendance and
| 20 | | disciplinary policies for the attendance center, subject to | 21 | | the provisions
of this Article and Article 26, and consistent | 22 | | with the uniform system of
discipline established by the board | 23 | | pursuant to Section 34-19.
| 24 | | 7. To approve a school improvement plan developed as | 25 | | provided in Section
34-2.4. The process and schedule for plan | 26 | | development shall be publicized
to the entire school |
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| 1 | | community, and the community shall be afforded the
opportunity | 2 | | to make recommendations concerning the plan. At least twice a
| 3 | | year the principal and
local
school council shall report | 4 | | publicly on
progress and problems with respect to plan | 5 | | implementation.
| 6 | | 8. To evaluate the allocation of teaching resources and | 7 | | other
certificated and uncertificated staff to the attendance | 8 | | center to determine
whether such allocation is consistent with | 9 | | and in furtherance of
instructional objectives and school | 10 | | programs reflective of the school
improvement plan adopted for | 11 | | the attendance center; and to make
recommendations to the | 12 | | board, the general superintendent
and the
principal concerning | 13 | | any reallocation of teaching resources
or other staff whenever | 14 | | the council determines that any such
reallocation is | 15 | | appropriate because the qualifications of any existing
staff | 16 | | at the attendance center do not adequately match or support
| 17 | | instructional objectives or school programs which reflect the | 18 | | school
improvement plan.
| 19 | | 9. To make recommendations to the principal and the | 20 | | general superintendent
concerning their respective | 21 | | appointments, after August 31, 1989, and in the
manner | 22 | | provided by Section 34-8 and Section 34-8.1,
of persons to | 23 | | fill any vacant, additional or newly created
positions for | 24 | | teachers at the attendance center or at attendance centers
| 25 | | which include the attendance center served by the local school | 26 | | council.
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| 1 | | 10. To request of the Board the manner in which training | 2 | | and
assistance shall be provided to the local school council. | 3 | | Pursuant to Board
guidelines a local school council is | 4 | | authorized to direct
the Board of Education to contract with | 5 | | personnel or not-for-profit
organizations not associated with | 6 | | the school district to train or assist
council members. If | 7 | | training or assistance is provided by contract with
personnel | 8 | | or organizations not associated with the school district, the
| 9 | | period of training or assistance shall not exceed 30 hours | 10 | | during a given
school year; person shall not be employed on a | 11 | | continuous basis longer than
said period and shall not have | 12 | | been employed by the Chicago Board of
Education within the | 13 | | preceding six months. Council members shall receive
training | 14 | | in at least the following areas:
| 15 | | 1. school budgets;
| 16 | | 2. educational theory pertinent to the attendance | 17 | | center's particular
needs, including the development of | 18 | | the school improvement plan and the
principal's | 19 | | performance contract; and
| 20 | | 3. personnel selection.
| 21 | | Council members shall, to the greatest extent possible, | 22 | | complete such
training within 90 days of election.
| 23 | | 11. In accordance with systemwide guidelines contained in | 24 | | the
System-Wide Educational Reform Goals and Objectives Plan, | 25 | | criteria for
evaluation of performance shall be established | 26 | | for local school councils
and local school council members. If |
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| 1 | | a local school council persists in
noncompliance with | 2 | | systemwide requirements, the Board may impose sanctions
and | 3 | | take necessary corrective action, consistent with Section | 4 | | 34-8.3.
| 5 | | 12. Each local school council shall comply with the Open | 6 | | Meetings Act and
the Freedom of Information Act. Each local | 7 | | school council shall issue and
transmit to its school | 8 | | community a detailed annual report accounting for
its | 9 | | activities programmatically and financially. Each local school | 10 | | council
shall convene at least 2 well-publicized meetings | 11 | | annually with its entire
school community. These meetings | 12 | | shall include presentation of the
proposed local school | 13 | | improvement plan, of the proposed school expenditure
plan, and | 14 | | the annual report, and shall provide an opportunity for public
| 15 | | comment.
| 16 | | 13. Each local school council is encouraged to involve | 17 | | additional
non-voting members of the school community in | 18 | | facilitating the council's
exercise of its responsibilities.
| 19 | | 14. The local school council may adopt a school
uniform or | 20 | | dress
code policy that governs the attendance center and that | 21 | | is
necessary to maintain the orderly process of a school | 22 | | function or prevent
endangerment of student health or safety, | 23 | | consistent with the policies and
rules of the Board of | 24 | | Education.
A school uniform or dress code policy adopted
by a | 25 | | local school council: (i) shall not be applied in such manner | 26 | | as to
discipline or deny attendance to a transfer student or |
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| 1 | | any other student for
noncompliance with that
policy during | 2 | | such period of time as is reasonably necessary to enable the
| 3 | | student to acquire a school uniform or otherwise comply with | 4 | | the dress code
policy that is in effect at the attendance | 5 | | center into which the student's
enrollment is transferred; and | 6 | | (ii) shall include criteria and procedures under
which the | 7 | | local school council will accommodate the needs of or | 8 | | otherwise
provide
appropriate resources to assist a student | 9 | | from an indigent family in complying
with an applicable school | 10 | | uniform or dress code policy.
A student whose parents or legal | 11 | | guardians object on religious grounds to the
student's | 12 | | compliance with an applicable school uniform or dress code | 13 | | policy
shall not be required to comply with that policy if the | 14 | | student's parents or
legal guardians present to the local | 15 | | school council a signed statement of
objection detailing the | 16 | | grounds for the objection.
| 17 | | 15. All decisions made and actions taken by the local | 18 | | school council in
the exercise of its powers and duties shall | 19 | | comply with State and federal
laws, all applicable collective | 20 | | bargaining agreements, court orders and
rules properly | 21 | | promulgated by the Board.
| 22 | | 15a. To grant, in accordance with board rules and | 23 | | policies,
the use of assembly halls and classrooms when not | 24 | | otherwise needed,
including lighting, heat, and attendants, | 25 | | for public lectures, concerts, and
other educational and | 26 | | social activities.
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| 1 | | 15b. To approve, in accordance with board rules and | 2 | | policies, receipts and
expenditures for all internal accounts | 3 | | of the
attendance center, and to approve all fund-raising | 4 | | activities by nonschool
organizations that use the school | 5 | | building.
| 6 | | 16. (Blank).
| 7 | | 17. Names and addresses of local school council members | 8 | | shall
be a matter of public record.
| 9 | | (Source: P.A. 100-465, eff. 8-31-17.)
| 10 | | (Text of Section after amendment by P.A. 102-360 )
| 11 | | Sec. 34-2.3. Local school councils; powers councils - | 12 | | Powers and duties. Each local school
council shall have and | 13 | | exercise, consistent with the provisions of
this Article and | 14 | | the powers and duties of
the board of education, the following | 15 | | powers and duties:
| 16 | | 1. (A) To annually evaluate the performance of the | 17 | | principal of the
attendance
center
using a Board approved | 18 | | principal evaluation form, which shall include the
evaluation | 19 | | of
(i) student academic improvement, as defined by the
school | 20 | | improvement plan, (ii)
student absenteeism rates
at the | 21 | | school, (iii) instructional leadership, (iv) the effective
| 22 | | implementation of
programs, policies, or strategies to improve | 23 | | student academic achievement,
(v) school management, and (vi) | 24 | | any other factors deemed relevant by the local
school council, | 25 | | 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;
| 6 | | (B) to determine in the manner provided by subsection (c) | 7 | | of Section
34-2.2 and subdivision 1.5 of this Section whether | 8 | | the performance contract
of the principal shall be
renewed; | 9 | | and
| 10 | | (C) to directly select, in the manner provided by
| 11 | | subsection (c) of
Section 34-2.2, a new principal (including a | 12 | | new principal to fill a
vacancy)
-- without submitting any | 13 | | list of candidates for that position to the
general | 14 | | superintendent as provided in paragraph 2 of this Section -- | 15 | | to
serve under a 4 year performance contract; provided that | 16 | | (i) the determination
of whether the principal's performance | 17 | | contract is to be renewed, based upon
the evaluation required | 18 | | by subdivision 1.5 of this Section, shall be made no
later than | 19 | | 150 days prior to the expiration of the current | 20 | | performance-based
contract of the principal, (ii) in cases | 21 | | where such performance
contract is not renewed -- a
direct | 22 | | selection
of a
new principal -- to serve under a 4 year | 23 | | performance contract shall be made by
the local school council | 24 | | no later than 45 days prior to the expiration of the
current | 25 | | performance contract of the principal, and (iii) a
selection | 26 | | by
the local school council of a new principal to fill a |
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| 1 | | vacancy under a 4 year
performance contract shall be made | 2 | | within 90 days after the date such vacancy
occurs. A Council | 3 | | shall be required, if requested by the principal, to provide
| 4 | | in writing the reasons for the council's not renewing the | 5 | | principal's contract.
| 6 | | 1.5. The local school council's determination of whether | 7 | | to renew the
principal's contract shall be based on an | 8 | | evaluation to assess the educational
and administrative | 9 | | progress made at the school during the principal's current
| 10 | | performance-based contract. The local school council shall | 11 | | base its evaluation
on (i) student academic improvement, as | 12 | | defined by the school improvement plan,
(ii) student | 13 | | absenteeism rates at the school, (iii) instructional | 14 | | leadership,
(iv) the effective implementation of programs, | 15 | | policies, or strategies to
improve student academic | 16 | | achievement, (v) school management, and (vi) any
other factors | 17 | | deemed relevant by the local school council, including, | 18 | | without
limitation, the principal's communication skills and | 19 | | ability to create and
maintain a student-centered learning | 20 | | environment, to develop opportunities for
professional | 21 | | development, and to encourage parental involvement and | 22 | | community
partnerships to achieve school improvement. If a | 23 | | local school council
fails to renew the performance contract | 24 | | of a principal rated by the general
superintendent, or his or | 25 | | her designee, in the previous years' evaluations as
meeting or | 26 | | exceeding expectations, the principal, within 15 days after |
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| 1 | | the
local school council's decision not to renew the contract, | 2 | | may request a review
of the
local school council's principal | 3 | | non-retention decision by a hearing officer
appointed by the | 4 | | American Arbitration Association. A local school council
| 5 | | member or members or the general superintendent may support | 6 | | the principal's
request for review.
During the period of the | 7 | | hearing officer's review of the local school
council's | 8 | | decision on
whether or not to retain the principal, the local | 9 | | school council shall maintain
all authority
to search for and | 10 | | contract with a person to serve
as interim or acting
| 11 | | principal, or as the
principal of the attendance center under | 12 | | a 4-year performance contract,
provided that any performance | 13 | | contract entered into by the local school council
shall be | 14 | | voidable
or
modified in accordance with the decision of the | 15 | | hearing officer.
The principal may request review only once | 16 | | while at that
attendance center. If a local school council | 17 | | renews the contract of a
principal who failed to obtain a | 18 | | rating of "meets" or "exceeds expectations" in
the general | 19 | | superintendent's evaluation for the previous year, the general | 20 | | superintendent,
within 15
days after the local
school | 21 | | council's decision to renew the contract,
may request a review | 22 | | of
the local school council's principal retention decision by | 23 | | a hearing officer
appointed by the American Arbitration | 24 | | Association. The general superintendent may request a review | 25 | | only
once
for that principal at that attendance center. All | 26 | | requests to review the
retention or non-retention of a |
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| 1 | | principal shall be submitted to the general
superintendent, | 2 | | who shall, in turn, forward such requests, within 14 days of
| 3 | | receipt, to the American Arbitration Association.
The general | 4 | | superintendent shall send a contemporaneous copy of the | 5 | | request
that was forwarded to the American Arbitration | 6 | | Association to the principal and
to each local school council | 7 | | member and shall inform the local school council
of its rights | 8 | | and responsibilities under the arbitration process, including | 9 | | the
local school council's right to representation and the | 10 | | manner and process by
which the Board shall pay the costs of | 11 | | the council's representation.
If the local school council | 12 | | retains the
principal and the general superintendent requests | 13 | | a review of the retention
decision, the local school council | 14 | | and the general
superintendent shall be considered parties to | 15 | | the arbitration, a hearing officer shall
be
chosen between | 16 | | those 2
parties pursuant to procedures promulgated by the | 17 | | State Board of Education,
and the principal may retain counsel | 18 | | and participate in the arbitration. If the local school | 19 | | council does not retain the principal and
the principal | 20 | | requests a review of the retention decision, the local school
| 21 | | council and the principal shall be considered parties to the
| 22 | | arbitration and a hearing
officer shall be chosen between | 23 | | those 2 parties pursuant to procedures
promulgated by the | 24 | | State Board of Education.
The hearing shall begin (i)
within | 25 | | 45 days
after the initial request for review is submitted by | 26 | | the principal to the
general superintendent or (ii) if the
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| 1 | | initial request for
review is made by the general | 2 | | superintendent, within 45 days after that request
is mailed
to | 3 | | the American Arbitration Association.
The hearing officer | 4 | | shall render a
decision within 45
days after the hearing | 5 | | begins and within 90 days after the initial request
for | 6 | | review.
The Board shall contract with the American
Arbitration | 7 | | Association for all of the hearing officer's reasonable and
| 8 | | necessary costs. In addition, the Board shall pay any | 9 | | reasonable costs
incurred by a local school council for | 10 | | representation before a hearing
officer.
| 11 | | 1.10. The hearing officer shall conduct a hearing, which | 12 | | shall include (i)
a review of the principal's performance, | 13 | | evaluations, and other evidence of
the principal's service at | 14 | | the school, (ii) reasons provided by the local
school council | 15 | | for its decision, and (iii) documentation evidencing views of
| 16 | | interested persons, including,
without limitation, students, | 17 | | parents, local school council members, school
faculty and | 18 | | staff, the principal, the general superintendent or his or her
| 19 | | designee, and members of the community. The burden of proof in | 20 | | establishing
that the local school council's decision was | 21 | | arbitrary and capricious shall be
on the party requesting the | 22 | | arbitration, and this party shall sustain the
burden by a | 23 | | preponderance of the evidence.
The hearing officer shall set | 24 | | the
local school council decision aside if that decision, in | 25 | | light of the record
developed at the hearing, is arbitrary and | 26 | | capricious. The decision of the
hearing officer may not be |
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| 1 | | appealed to the Board or the State Board of
Education. If the | 2 | | hearing officer decides that the principal shall be
retained, | 3 | | the retention period shall not exceed 2 years.
| 4 | | 2. In the event (i) the local school council does not renew | 5 | | the
performance contract of the principal, or the principal | 6 | | fails to receive a
satisfactory rating as provided in | 7 | | subsection (h) of Section 34-8.3,
or the principal is
removed | 8 | | for cause during the term of his or her performance contract
in | 9 | | the manner provided by Section 34-85, or a vacancy in the | 10 | | position
of principal otherwise occurs prior to the expiration | 11 | | of the term of
a principal's performance contract, and (ii) | 12 | | the local school council
fails to directly select a new | 13 | | principal to serve under a 4 year performance
contract,
the | 14 | | local school council in such event shall submit to the general
| 15 | | superintendent a list of 3 candidates -- listed in the local | 16 | | school
council's order of preference -- for the position of | 17 | | principal, one of
which shall be selected by the general | 18 | | superintendent to serve as
principal of the attendance center. | 19 | | If the general superintendent
fails or refuses to select one | 20 | | of the candidates on the list to serve as
principal within 30 | 21 | | days after being furnished with the candidate list,
the | 22 | | general superintendent shall select and place a principal on | 23 | | an interim
basis (i) for a period not to exceed one year or | 24 | | (ii) until the local school
council selects a new principal | 25 | | with 7 affirmative votes as
provided in subsection (c) of | 26 | | Section 34-2.2, whichever occurs first. If the
local school |
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| 1 | | council
fails or refuses to select and appoint a new | 2 | | principal, as specified by
subsection (c) of Section 34-2.2, | 3 | | the general superintendent may select and
appoint a new | 4 | | principal on an interim basis for
an additional year or until a | 5 | | new contract principal is selected by the local
school | 6 | | council. There shall be no discrimination on the basis of
| 7 | | race, sex, creed, color or
disability unrelated to ability to | 8 | | perform in
connection with the submission of candidates for, | 9 | | and the selection of a
candidate to serve as principal of an | 10 | | attendance center. No person shall
be directly selected, | 11 | | listed as a candidate for, or selected to serve as
principal of | 12 | | an attendance center (i) if such person has been removed for | 13 | | cause
from employment by the Board or (ii) if such person does | 14 | | not hold a valid
administrative certificate issued or | 15 | | exchanged under Article 21 and
endorsed as required by that | 16 | | Article for the position of principal. A
principal whose | 17 | | performance contract is not renewed as provided under
| 18 | | subsection (c) of Section 34-2.2 may nevertheless, if | 19 | | otherwise qualified
and certified as herein provided
and if he | 20 | | or she has received a satisfactory rating as provided in | 21 | | subsection
(h) of Section 34-8.3, be included by a local | 22 | | school council as
one of the 3 candidates listed in order of | 23 | | preference on any candidate list
from which one person is to be | 24 | | selected to serve as principal of the
attendance center under | 25 | | a new performance contract. The initial candidate
list | 26 | | required to be submitted by a local school council to the |
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| 1 | | general
superintendent in cases where the local school council | 2 | | does not renew the
performance contract of its principal and | 3 | | does not directly select a new
principal to serve under a 4 | 4 | | year performance contract shall be submitted
not later than
30 | 5 | | days prior to the expiration of the current performance | 6 | | contract. In
cases where the local school council fails or | 7 | | refuses to submit the candidate
list to the general | 8 | | superintendent no later than 30 days prior to the
expiration | 9 | | of the incumbent principal's contract, the general | 10 | | superintendent
may
appoint a principal on an interim basis for | 11 | | a period not to exceed one year,
during which time the local | 12 | | school council shall be able to select a new
principal with 7 | 13 | | affirmative votes as provided in subsection (c) of Section
| 14 | | 34-2.2. In cases where a principal is removed for cause or a
| 15 | | vacancy otherwise occurs in the position of principal and the | 16 | | vacancy is
not filled by direct selection by the local school | 17 | | council, the candidate
list shall be submitted by the local | 18 | | school council to the general
superintendent within 90 days | 19 | | after the date such
removal or
vacancy occurs.
In cases where | 20 | | the local school council fails or refuses to submit the
| 21 | | candidate list to the general superintendent within 90 days | 22 | | after the date of
the vacancy, the general superintendent may | 23 | | appoint a principal on an interim
basis for a period of one | 24 | | year, during which time the local school council
shall be able | 25 | | to select a new principal with 7 affirmative votes as provided | 26 | | in
subsection (c) of Section 34-2.2.
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| 1 | | 2.5. Whenever a vacancy in the office of a principal | 2 | | occurs for any reason,
the vacancy shall be filled in the | 3 | | manner provided by this Section by the
selection of a new | 4 | | principal to serve under a 4 year performance contract.
| 5 | | 3. To establish additional criteria
to be included as part | 6 | | of
the
performance contract of its principal, provided that | 7 | | such additional
criteria shall not discriminate on the basis | 8 | | of race, sex, creed, color
or
disability unrelated to ability | 9 | | to perform, and shall not be inconsistent
with the uniform 4 | 10 | | year performance contract for principals developed by
the | 11 | | board as provided in Section 34-8.1 of the School Code
or with | 12 | | other provisions of this Article governing the
authority and | 13 | | responsibility of principals.
| 14 | | 4. To approve the expenditure plan prepared by the | 15 | | principal with
respect to all funds allocated and distributed | 16 | | to the attendance center by
the Board. The expenditure plan | 17 | | shall be administered by the principal.
Notwithstanding any | 18 | | other provision of this Act or any other law, any
expenditure | 19 | | plan approved and
administered under this Section 34-2.3 shall | 20 | | be consistent with and subject to
the terms of any contract for | 21 | | services with a third party entered into by the
Chicago School | 22 | | Reform Board of Trustees or the board under this Act.
| 23 | | Via a supermajority vote of 8 7 members of a the local | 24 | | school council enrolling students through the 8th grade or 9 8
| 25 | | members of a high school local school council at a secondary | 26 | | attendance center or an attendance center enrolling students |
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| 1 | | in grades 7 through 12 , the Council may transfer
allocations | 2 | | pursuant to Section 34-2.3 within funds; provided that such a
| 3 | | transfer is consistent with applicable law and
collective | 4 | | bargaining
agreements.
| 5 | | Beginning in fiscal year 1991 and in each fiscal year
| 6 | | thereafter, the
Board may reserve up to 1% of its total fiscal | 7 | | year budget for
distribution
on a prioritized basis to schools | 8 | | throughout the school system in order to
assure adequate | 9 | | programs to meet the needs of
special student populations as | 10 | | determined by the Board. This distribution
shall take into | 11 | | account the needs catalogued in the Systemwide Plan and the
| 12 | | various local school improvement plans of the local school | 13 | | councils.
Information about these centrally funded programs | 14 | | shall be distributed to
the local school councils so that | 15 | | their subsequent planning and programming
will account for | 16 | | these provisions.
| 17 | | Beginning in fiscal year 1991 and in each fiscal year | 18 | | thereafter, from
other amounts available in the applicable | 19 | | fiscal year budget, the board
shall allocate a lump sum amount | 20 | | to each local school based upon
such formula as the board shall | 21 | | determine taking into account the special needs
of the student | 22 | | body. The local school
principal shall develop an expenditure | 23 | | plan in consultation with the local
school council, the | 24 | | professional personnel leadership
committee and with all
other | 25 | | school personnel, which reflects the
priorities and activities | 26 | | as described in the school's local school
improvement plan and |
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| 1 | | is consistent with applicable law and collective
bargaining | 2 | | agreements and with board policies and standards; however, the
| 3 | | local school council shall have the right to request waivers | 4 | | of board policy
from the board of education and waivers of | 5 | | employee collective bargaining
agreements pursuant to Section | 6 | | 34-8.1a.
| 7 | | The expenditure plan developed by the principal with | 8 | | respect to
amounts available from the fund for prioritized | 9 | | special needs programs
and the allocated lump sum amount must | 10 | | be approved by the local school council.
| 11 | | The lump sum allocation shall take into account the
| 12 | | following principles:
| 13 | | a. Teachers: Each school shall be allocated funds | 14 | | equal to the
amount appropriated in the previous school | 15 | | year for compensation for
teachers (regular grades | 16 | | kindergarten through 12th grade) plus whatever
increases | 17 | | in compensation have been negotiated contractually or | 18 | | through
longevity as provided in the negotiated agreement. | 19 | | Adjustments shall be
made due to layoff or reduction in | 20 | | force, lack of funds or work, change in
subject | 21 | | requirements, enrollment changes, or contracts with third
| 22 | | parties for the performance of services or to rectify
any | 23 | | inconsistencies with system-wide allocation formulas or | 24 | | for other
legitimate reasons.
| 25 | | b. Other personnel: Funds for other teacher | 26 | | certificated and
uncertificated personnel paid through |
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| 1 | | non-categorical funds shall be
provided according to | 2 | | system-wide formulas based on student enrollment and
the | 3 | | special needs of the school as determined by the Board.
| 4 | | c. Non-compensation items: Appropriations for all | 5 | | non-compensation items
shall be based on system-wide | 6 | | formulas based on student enrollment and
on the special | 7 | | needs of the school or factors related to the physical
| 8 | | plant, including but not limited to textbooks, electronic | 9 | | textbooks and the technological equipment necessary to | 10 | | gain access to and use electronic textbooks, supplies, | 11 | | electricity,
equipment, and routine maintenance.
| 12 | | d. Funds for categorical programs: Schools shall | 13 | | receive personnel
and funds based on, and shall use such | 14 | | personnel and funds in accordance
with State and Federal | 15 | | requirements applicable to each
categorical program
| 16 | | provided to meet the special needs of the student body | 17 | | (including but not
limited to, Federal Chapter I, | 18 | | Bilingual, and Special Education).
| 19 | | d.1. Funds for State Title I: Each school shall | 20 | | receive
funds based on State and Board requirements | 21 | | applicable to each State
Title I pupil provided to meet | 22 | | the special needs of the student body. Each
school shall | 23 | | receive the proportion of funds as provided in Section | 24 | | 18-8 or 18-8.15 to
which they are entitled. These funds | 25 | | shall be spent only with the
budgetary approval of the | 26 | | Local School Council as provided in Section 34-2.3.
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| 1 | | e. The Local School Council shall have the right to | 2 | | request the
principal to close positions and open new ones | 3 | | consistent with the
provisions of the local school | 4 | | improvement plan provided that these
decisions are | 5 | | consistent with applicable law and
collective bargaining
| 6 | | agreements. If a position is closed, pursuant to this | 7 | | paragraph, the local
school shall have for its use the | 8 | | system-wide average compensation for the
closed position.
| 9 | | f. Operating within existing laws and
collective | 10 | | bargaining agreements,
the local school council shall have | 11 | | the right to direct the principal to
shift expenditures | 12 | | within funds.
| 13 | | g. (Blank).
| 14 | | Any funds unexpended at the end of the fiscal year shall be | 15 | | available to
the board of education for use as part of its | 16 | | budget for the following
fiscal year.
| 17 | | 5. To make recommendations to the principal concerning | 18 | | textbook
selection and concerning curriculum developed | 19 | | pursuant to the school
improvement plan which is consistent | 20 | | with systemwide curriculum objectives
in accordance with | 21 | | Sections 34-8 and 34-18 of the School Code and in
conformity | 22 | | with the collective bargaining agreement.
| 23 | | 6. To advise the principal concerning the attendance and
| 24 | | disciplinary policies for the attendance center, subject to | 25 | | the provisions
of this Article and Article 26, and consistent | 26 | | with the uniform system of
discipline established by the board |
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| 1 | | pursuant to Section 34-19.
| 2 | | 7. To approve a school improvement plan developed as | 3 | | provided in Section
34-2.4. The process and schedule for plan | 4 | | development shall be publicized
to the entire school | 5 | | community, and the community shall be afforded the
opportunity | 6 | | to make recommendations concerning the plan. At least twice a
| 7 | | year the principal and
local
school council shall report | 8 | | publicly on
progress and problems with respect to plan | 9 | | implementation.
| 10 | | 8. To evaluate the allocation of teaching resources and | 11 | | other
certificated and uncertificated staff to the attendance | 12 | | center to determine
whether such allocation is consistent with | 13 | | and in furtherance of
instructional objectives and school | 14 | | programs reflective of the school
improvement plan adopted for | 15 | | the attendance center; and to make
recommendations to the | 16 | | board, the general superintendent
and the
principal concerning | 17 | | any reallocation of teaching resources
or other staff whenever | 18 | | the council determines that any such
reallocation is | 19 | | appropriate because the qualifications of any existing
staff | 20 | | at the attendance center do not adequately match or support
| 21 | | instructional objectives or school programs which reflect the | 22 | | school
improvement plan.
| 23 | | 9. To make recommendations to the principal and the | 24 | | general superintendent
concerning their respective | 25 | | appointments, after August 31, 1989, and in the
manner | 26 | | provided by Section 34-8 and Section 34-8.1,
of persons to |
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| 1 | | fill any vacant, additional or newly created
positions for | 2 | | teachers at the attendance center or at attendance centers
| 3 | | which include the attendance center served by the local school | 4 | | council.
| 5 | | 10. To request of the Board the manner in which training | 6 | | and
assistance shall be provided to the local school council. | 7 | | Pursuant to Board
guidelines a local school council is | 8 | | authorized to direct
the Board of Education to contract with | 9 | | personnel or not-for-profit
organizations not associated with | 10 | | the school district to train or assist
council members. If | 11 | | training or assistance is provided by contract with
personnel | 12 | | or organizations not associated with the school district, the
| 13 | | period of training or assistance shall not exceed 30 hours | 14 | | during a given
school year; person shall not be employed on a | 15 | | continuous basis longer than
said period and shall not have | 16 | | been employed by the Chicago Board of
Education within the | 17 | | preceding six months. Council members shall receive
training | 18 | | in at least the following areas:
| 19 | | 1. school budgets;
| 20 | | 2. educational theory pertinent to the attendance | 21 | | center's particular
needs, including the development of | 22 | | the school improvement plan and the
principal's | 23 | | performance contract; and
| 24 | | 3. personnel selection.
| 25 | | Council members shall, to the greatest extent possible, | 26 | | complete such
training within 90 days of election.
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| 1 | | 11. In accordance with systemwide guidelines contained in | 2 | | the
System-Wide Educational Reform Goals and Objectives Plan, | 3 | | criteria for
evaluation of performance shall be established | 4 | | for local school councils
and local school council members. If | 5 | | a local school council persists in
noncompliance with | 6 | | systemwide requirements, the Board may impose sanctions
and | 7 | | take necessary corrective action, consistent with Section | 8 | | 34-8.3.
| 9 | | 12. Each local school council shall comply with the Open | 10 | | Meetings Act and
the Freedom of Information Act. Each local | 11 | | school council shall issue and
transmit to its school | 12 | | community a detailed annual report accounting for
its | 13 | | activities programmatically and financially. Each local school | 14 | | council
shall convene at least 2 well-publicized meetings | 15 | | annually with its entire
school community. These meetings | 16 | | shall include presentation of the
proposed local school | 17 | | improvement plan, of the proposed school expenditure
plan, and | 18 | | the annual report, and shall provide an opportunity for public
| 19 | | comment.
| 20 | | 13. Each local school council is encouraged to involve | 21 | | additional
non-voting members of the school community in | 22 | | facilitating the council's
exercise of its responsibilities.
| 23 | | 14. The local school council may adopt a school
uniform or | 24 | | dress
code policy that governs the attendance center and that | 25 | | is
necessary to maintain the orderly process of a school | 26 | | function or prevent
endangerment of student health or safety, |
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| 1 | | consistent with the policies and
rules of the Board of | 2 | | Education.
A school uniform or dress code policy adopted
by a | 3 | | local school council: (i) shall not be applied in such manner | 4 | | as to
discipline or deny attendance to a transfer student or | 5 | | any other student for
noncompliance with that
policy during | 6 | | such period of time as is reasonably necessary to enable the
| 7 | | student to acquire a school uniform or otherwise comply with | 8 | | the dress code
policy that is in effect at the attendance | 9 | | center into which the student's
enrollment is transferred; | 10 | | (ii) shall include criteria and procedures under
which the | 11 | | local school council will accommodate the needs of or | 12 | | otherwise
provide
appropriate resources to assist a student | 13 | | from an indigent family in complying
with an applicable school | 14 | | uniform or dress code policy; and (iii) shall not include or | 15 | | apply to hairstyles, including hairstyles historically | 16 | | associated with race, ethnicity, or hair texture, including, | 17 | | but not limited to, protective hairstyles such as braids, | 18 | | locks, and twists.
A student whose parents or legal guardians | 19 | | object on religious grounds to the
student's compliance with | 20 | | an applicable school uniform or dress code policy
shall not be | 21 | | required to comply with that policy if the student's parents | 22 | | or
legal guardians present to the local school council a | 23 | | signed statement of
objection detailing the grounds for the | 24 | | objection. If a local school council does not comply with the | 25 | | requirements and prohibitions set forth in this paragraph 14, | 26 | | the attendance center is subject to the penalty imposed |
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| 1 | | pursuant to subsection (a) of Section 2-3.25.
| 2 | | 15. All decisions made and actions taken by the local | 3 | | school council in
the exercise of its powers and duties shall | 4 | | comply with State and federal
laws, all applicable collective | 5 | | bargaining agreements, court orders and
rules properly | 6 | | promulgated by the Board.
| 7 | | 15a. To grant, in accordance with board rules and | 8 | | policies,
the use of assembly halls and classrooms when not | 9 | | otherwise needed,
including lighting, heat, and attendants, | 10 | | for public lectures, concerts, and
other educational and | 11 | | social activities.
| 12 | | 15b. To approve, in accordance with board rules and | 13 | | policies, receipts and
expenditures for all internal accounts | 14 | | of the
attendance center, and to approve all fund-raising | 15 | | activities by nonschool
organizations that use the school | 16 | | building.
| 17 | | 16. (Blank).
| 18 | | 17. Names and addresses of local school council members | 19 | | shall
be a matter of public record.
| 20 | | (Source: P.A. 102-360, eff. 1-1-22.)
| 21 | | (105 ILCS 5/34-2.4b) (from Ch. 122, par. 34-2.4b)
| 22 | | Sec. 34-2.4b. Limitation upon applicability. Beginning | 23 | | with the first local school council election that occurs after | 24 | | the effective date of this amendatory Act of the 102nd General | 25 | | Assembly, the The provisions of
Sections 34-2.1, 34-2.2, |
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| 1 | | 34-2.3, 34-2.3a, 34-2.4 and 34-8.3 , and
those provisions of | 2 | | paragraph 1 of Section 34-18 and paragraph (c) of
Section | 3 | | 34A-201a relating to the allocation or application -- by | 4 | | formula or
otherwise -- of lump sum amounts and other funds to | 5 | | attendance centers ,
shall not apply to attendance centers that | 6 | | have applied for and
been designated as a "Small School" by the | 7 | | Board, the
Cook County Juvenile Detention Center and Cook
| 8 | | County Jail schools, nor to the district's alternative schools | 9 | | for pregnant
girls, nor to alternative schools established | 10 | | under Article 13A, nor to a contract school,
nor to the
Michael | 11 | | R. Durso School, the Jackson Adult Center, the Hillard Adult
| 12 | | Center, the Alternative Transitional School, or any other | 13 | | attendance
center designated by the Board as an alternative | 14 | | school, nor to any school established as a teacher training | 15 | | academy, nor to any school with a specialty 2-year programming | 16 | | model, nor to any school established as a one-year school or | 17 | | program, nor to any school with a specialty student focus or | 18 | | transient student population, provided that the
designation is | 19 | | not applied to an attendance center that has in place a legally
| 20 | | constituted local school council, except for contract | 21 | | turnaround schools. The board of education shall have and
| 22 | | exercise with respect to those schools and with respect to the | 23 | | conduct,
operation, affairs and budgets of those schools, and | 24 | | with respect to the
principals, teachers and other school | 25 | | staff there employed, the same powers
which are exercisable by | 26 | | local school councils with respect to the other
attendance |
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| 1 | | centers, principals, teachers and school staff within the
| 2 | | district, together with all powers and duties generally | 3 | | exercisable by the
board of education with respect to all | 4 | | attendance centers within the
district. The board of education | 5 | | shall develop appropriate alternative
methods for involving | 6 | | parents, community members and school staff to the
maximum | 7 | | extent possible in all of the activities of those schools, and | 8 | | may
delegate to the parents, community members and school | 9 | | staff so involved the
same powers which are exercisable by | 10 | | local school councils with respect to
other attendance | 11 | | centers.
| 12 | | (Source: P.A. 96-105, eff. 7-30-09.)
| 13 | | (105 ILCS 5/34-8.3) (from Ch. 122, par. 34-8.3)
| 14 | | Sec. 34-8.3. Remediation and probation of attendance | 15 | | centers.
| 16 | | (a) The general superintendent shall monitor the
| 17 | | performance of the
attendance centers within the district and | 18 | | shall
identify
attendance centers, pursuant to criteria that | 19 | | the board shall establish,
in which:
| 20 | | (1) there is a failure to develop,
implement,
or | 21 | | comply with a school improvement plan;
| 22 | | (2) there is a pervasive breakdown in the educational | 23 | | program as
indicated by factors, including, but not | 24 | | limited to, the absence of improvement
in student reading | 25 | | and math achievement scores, an increased drop-out rate, a
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| 1 | | decreased graduation rate, and a decrease in rate of | 2 | | student attendance;
| 3 | | (3) (blank); or
| 4 | | (4) there is a failure or refusal to
comply with the | 5 | | provisions of this
Act, other applicable laws, collective | 6 | | bargaining agreements, court orders,
or with Board rules | 7 | | which the Board is authorized to promulgate.
| 8 | | (b) If the general superintendent identifies a
| 9 | | nonperforming school
as described herein, he or she shall | 10 | | place the attendance center on
remediation by developing a | 11 | | remediation plan for the center. The purpose
of the | 12 | | remediation plan shall be to correct the deficiencies in the
| 13 | | performance of the attendance center by one or more of the | 14 | | following methods:
| 15 | | (1) drafting a new school improvement plan;
| 16 | | (2) applying to the board for additional funding for | 17 | | training for the
local school council;
| 18 | | (3) directing implementation of a school improvement | 19 | | plan;
| 20 | | (4) mediating disputes or other obstacles to reform or | 21 | | improvement at
the attendance center.
| 22 | | Nothing in this Section removes any authority of the local | 23 | | school council, which shall retain the right to reject or | 24 | | modify any school improvement plan or implementation thereof, | 25 | | as long as the rejection or modification of any school | 26 | | improvement plan or implementation thereof is consistent with |
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| 1 | | State and federal requirements. | 2 | | If, however, the general superintendent determines that
| 3 | | the problems
are not able to be remediated by these methods, | 4 | | the
general superintendent shall place the attendance center | 5 | | on probation.
The board shall establish guidelines that | 6 | | determine the factors for placing
an attendance center on | 7 | | probation.
| 8 | | (c) Each
school placed on probation shall have a school | 9 | | improvement plan
and school budget for correcting deficiencies | 10 | | identified
by the board. The plan shall
include specific steps | 11 | | that the local school council and school staff must
take to | 12 | | correct identified deficiencies and specific objective | 13 | | criteria
by which the
school's subsequent progress will be | 14 | | determined.
The school budget shall include specific | 15 | | expenditures directly calculated to
correct educational and | 16 | | operational deficiencies identified at the school by
the | 17 | | probation team.
| 18 | | (d) Schools placed on probation that, after a maximum of | 19 | | one year, fail
to make
adequate progress in correcting | 20 | | deficiencies are subject to the following actions
by the | 21 | | general superintendent with the approval of the board, after
| 22 | | opportunity for a hearing:
| 23 | | (1) Ordering new local school council elections.
| 24 | | (2) Removing and replacing the principal.
| 25 | | (3) Replacement of faculty members, subject to the | 26 | | provisions
of
Section 24A-5.
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| 1 | | (4) Reconstitution of the attendance center and | 2 | | replacement and
reassignment by the general superintendent | 3 | | of all employees of the attendance
center.
| 4 | | (5) Intervention under Section 34-8.4.
| 5 | | (5.5) Operating an attendance center as a contract | 6 | | turnaround school.
| 7 | | (6) Closing of the school.
| 8 | | (e) Schools placed on probation shall remain on probation | 9 | | from year to
year until deficiencies are corrected, even if | 10 | | such schools make acceptable
annual progress.
The board shall | 11 | | establish, in writing, criteria for determining whether or
not | 12 | | a school shall remain on probation. If academic achievement | 13 | | tests are used
as the factor for placing a school on probation, | 14 | | the general superintendent
shall consider objective criteria, | 15 | | not just an increase in test scores, in
deciding whether or not | 16 | | a school shall remain on probation. These criteria
shall | 17 | | include attendance, test scores, student mobility rates, | 18 | | poverty rates,
bilingual education eligibility, special | 19 | | education, and English language
proficiency programs, with | 20 | | progress made in these areas being taken into
consideration in | 21 | | deciding whether or not a school shall remain on probation. | 22 | | Such criteria shall be delivered to each local school council | 23 | | on or before October 31 of each year. | 24 | | (e-5) Notwithstanding any other provision of this Section | 25 | | to the contrary, a school that has been on probation for 5 | 26 | | years or more shall have the following powers restored to its |
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| 1 | | local school council:
| 2 | | (1) to grant approval of the school improvement plan; | 3 | | and | 4 | | (2) to approve the school budget. | 5 | | With respect to the employment, dismissal, and evaluation | 6 | | of a school principal, the local school council of a school | 7 | | that has been on probation for 5 years or more shall conduct a | 8 | | non-binding poll that must be considered by the network chief. | 9 | | The network chief shall work collaboratively with the local | 10 | | school council throughout the process of employment, | 11 | | dismissal, and evaluation of a school principal. | 12 | | (f) Where the board
has reason to believe that violations | 13 | | of
civil rights, or of civil or criminal law have occurred, or | 14 | | when the general
superintendent deems that the school is in | 15 | | educational crisis it may take
immediate corrective action, | 16 | | including the actions specified in this Section,
without first | 17 | | placing the school on remediation or probation. Nothing
| 18 | | described herein shall limit the authority of the board as | 19 | | provided by any law
of this State. The board shall
develop | 20 | | criteria governing the determination regarding when a school | 21 | | is in
educational crisis. Such criteria shall be delivered to | 22 | | each local school council on or before October 31 of each year.
| 23 | | (g) All persons serving as subdistrict superintendent on | 24 | | May 1, 1995 shall
be deemed by operation of law to be serving | 25 | | under a performance contract which
expires on June 30, 1995, | 26 | | and the employment of each such person as subdistrict
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| 1 | | superintendent shall terminate on June 30, 1995. The board | 2 | | shall have no
obligation to compensate any such person as a | 3 | | subdistrict superintendent after
June 30, 1995.
| 4 | | (h) The general superintendent shall, in
consultation with | 5 | | local
school councils, conduct an annual evaluation of each | 6 | | principal in the
district pursuant to guidelines promulgated | 7 | | by the Board of
Education.
| 8 | | (Source: P.A. 96-105, eff. 7-30-09.)
| 9 | | Section 95. No acceleration or delay. Where this Act makes | 10 | | changes in a statute that is represented in this Act by text | 11 | | that is not yet or no longer in effect (for example, a Section | 12 | | represented by multiple versions), the use of that text does | 13 | | not accelerate or delay the taking effect of (i) the changes | 14 | | made by this Act or (ii) provisions derived from any other | 15 | | Public Act.
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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