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90_HB1702eng
105 ILCS 5/14-9.01 from Ch. 122, par. 14-9.01
Amends the School Code. Makes a change in punctuation
and adds a gender neutral reference to provisions relating to
qualifications of personnel who teach classes or programs
authorized by the Article of the School Code relating to
children with disabilities.
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1 AN ACT to amend the School Code by changing Section
2 34-2.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing Section
6 34-2.1 as follows:
7 (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
8 Sec. 34-2.1. Local School Councils - Composition -
9 Voter-Eligibility - Elections - Terms.
10 (a) A local school council shall be established for each
11 attendance center within the school district. Each local
12 school council shall consist of the following 11 voting
13 members: the principal of the attendance center, 2 teachers
14 employed and assigned to perform the majority of their
15 employment duties at the attendance center, 6 parents of
16 students currently enrolled at the attendance center and 2
17 community residents. Neither the parents nor the community
18 residents who serve as members of the local school council
19 shall be employees of the Board of Education. In each
20 secondary attendance center, the local school council shall
21 consist of 12 voting members -- the 11 voting members
22 described above and one full-time student member, appointed
23 as provided in subsection (m) below. The chief executive
24 officer of the Chicago School Reform Board of Trustees is
25 authorized to appoint a representative of the local business
26 community to serve, at the pleasure of the chief executive
27 officer, as a nonvoting member of a local school council. On
28 those local school councils on which such a nonvoting member
29 is appointed as an additional member of the council, he or
30 she shall have the right to attend and participate in
31 deliberations at all meetings and executive sessions of the
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1 local school council and its committees but shall not be
2 considered a member for the purpose of determining a quorum
3 at any meeting of the local school council or any of its
4 committees. The nonvoting member so appointed shall have
5 access to all books and records of the local school council
6 and shall monitor, evaluate, or review the acts and decisions
7 of the council.
8 (b) Within 7 days of January 11, 1991, the Mayor shall
9 appoint the members and officers (a Chairperson who shall be
10 a parent member and a Secretary) of each local school council
11 who shall hold their offices until their successors shall be
12 elected and qualified. Members so appointed shall have all
13 the powers and duties of local school councils as set forth
14 in this amendatory Act of 1991. The Mayor's appointments
15 shall not require approval by the City Council.
16 The membership of each local school council shall be
17 encouraged to be reflective of the racial and ethnic
18 composition of the student population of the attendance
19 center served by the local school council.
20 (c) Beginning with the 1995-1996 school year and in
21 every even-numbered year thereafter, the Board shall set
22 second semester Parent Report Card Pick-up Day for Local
23 School Council elections and may schedule elections at
24 year-round schools for the same dates as the remainder of the
25 school system. Elections shall be conducted as provided
26 herein by the Board of Education in consultation with the
27 local school council at each attendance center.
28 (d) Beginning with the 1995-96 school year, the
29 following procedures shall apply to the election of local
30 school council members at each attendance center:
31 (i) The elected members of each local school
32 council shall consist of the 6 parent members and the 2
33 community resident members.
34 (ii) Each elected member shall be elected by the
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1 eligible voters of that attendance center to serve for a
2 two-year term commencing on July 1 immediately following
3 the election described in subsection (c). Eligible
4 voters for each attendance center shall consist of the
5 parents and community residents for that attendance
6 center.
7 (iii) Each eligible voter shall be entitled to cast
8 one vote for up to a total of 5 candidates, irrespective
9 of whether such candidates are parent or community
10 resident candidates.
11 (iv) Each parent voter shall be entitled to vote in
12 the local school council election at each attendance
13 center in which he or she has a child currently enrolled.
14 Each community resident voter shall be entitled to vote
15 in the local school council election at each attendance
16 center for which he or she resides in the applicable
17 attendance area or voting district, as the case may be.
18 (v) Each eligible voter shall be entitled to vote
19 once, but not more than once, in the local school council
20 election at each attendance center at which the voter is
21 eligible to vote.
22 (vi) The 2 teacher members of each local school
23 council shall be appointed as provided in subsection (l)
24 below each to serve for a two-year term coinciding with
25 that of the elected parent and community resident
26 members.
27 (vii) At secondary attendance centers, the voting
28 student member shall be appointed as provided in
29 subsection (m) below to serve for a one-year term
30 coinciding with the beginning of the terms of the elected
31 parent and community members of the local school council.
32 (e) The Council shall publicize the date and place of
33 the election by posting notices at the attendance center, in
34 public places within the attendance boundaries of the
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1 attendance center and by distributing notices to the pupils
2 at the attendance center, and shall utilize such other means
3 as it deems necessary to maximize the involvement of all
4 eligible voters.
5 (f) Nomination. The Council shall publicize the opening
6 of nominations by posting notices at the attendance center,
7 in public places within the attendance boundaries of the
8 attendance center and by distributing notices to the pupils
9 at the attendance center, and shall utilize such other means
10 as it deems necessary to maximize the involvement of all
11 eligible voters. Not less than 2 weeks before the election
12 date, persons eligible to run for the Council shall submit
13 their name and some evidence of eligibility to the Council.
14 The Council shall encourage nomination of candidates
15 reflecting the racial/ethnic population of the students at
16 the attendance center. Each person nominated who runs as a
17 candidate shall disclose, in a manner determined by the
18 Board, any economic interest held by such person, by such
19 person's spouse or children, or by each business entity in
20 which such person has an ownership interest, in any contract
21 with the Board, any local school council or any public school
22 in the school district. Each person nominated who runs as a
23 candidate shall also disclose, in a manner determined by the
24 Board, if he or she ever has been convicted of any of the
25 offenses specified in subsection (c) of Section 34-18.5;
26 provided that neither this provision nor any other provision
27 of this Section shall be deemed to require the disclosure of
28 any information that is contained in any law enforcement
29 record or juvenile court record that is confidential or whose
30 accessibility or disclosure is restricted or prohibited under
31 Section 1-7 or 1-8 of the Juvenile Court Act of 1987. Failure
32 to make such disclosure shall render a person ineligible for
33 election to the local school council. The same disclosure
34 shall be required of persons under consideration for
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1 appointment to the Council pursuant to subsections (l) and
2 (m) of this Section.
3 (g) At least one week before the election date, the
4 Council shall publicize, in the manner provided in subsection
5 (e), the names of persons nominated for election.
6 (h) Voting shall be in person by secret ballot at the
7 attendance center between the hours of 6:00 a.m. and 7:00
8 p.m.
9 (i) Candidates receiving the highest number of votes
10 shall be declared elected by the Council. In cases of a tie,
11 the Council shall determine the winner by lot.
12 (j) The Council shall certify the results of the
13 election and shall publish the results in the minutes of the
14 Council.
15 (k) The general superintendent shall resolve any
16 disputes concerning election procedure or results and shall
17 ensure that, except as provided in subsections (e) and (g),
18 no resources of any attendance center shall be used to
19 endorse or promote any candidate.
20 (l) Beginning with the 1995-1996 school year and in
21 every even numbered year thereafter, the Board shall appoint
22 2 teacher members to each local school council. These
23 appointments shall be made in the following manner:
24 (i) The Board shall appoint 2 teachers who are
25 employed and assigned to perform the majority of their
26 employment duties at the attendance center to serve on
27 the local school council of the attendance center for a
28 two-year term coinciding with the terms of the elected
29 parent and community members of that local school
30 council. These appointments shall be made from among
31 those teachers who are nominated in accordance with
32 subsection (f).
33 (ii) A non-binding, advisory poll to ascertain the
34 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
10 to local school councils, irrespective of the preferences
11 expressed in any such poll.
12 (m) Beginning with the 1995-1996 school year, and in
13 every year thereafter, the Board shall appoint one student
14 member to each secondary attendance center. These
15 appointments shall be made in the following manner:
16 (i) Appointments shall be made from among those
17 students who submit statements of candidacy to the
18 principal of the attendance center, such statements to be
19 submitted commencing on the first day of the twentieth
20 week of school and continuing for 2 weeks thereafter.
21 The form and manner of such candidacy statements shall be
22 determined by the Board.
23 (ii) During the twenty-second week of school in
24 every year, the principal of each attendance center shall
25 conduct a non-binding, advisory poll to ascertain the
26 preferences of the school students regarding the
27 appointment of a student to the local school council for
28 that attendance center. At such poll, each student shall
29 be entitled to indicate his or her preference for up to
30 one candidate from among those who submitted statements
31 of candidacy as described above. The Board shall
32 promulgate rules to ensure that these non-binding,
33 advisory polls are conducted in a fair and equitable
34 manner and maximize the involvement of all school
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1 students. The preferences expressed in these
2 non-binding, advisory polls shall be transmitted by the
3 principal to the Board. However, these preferences shall
4 be advisory only and the Board shall maintain absolute
5 discretion to appoint student members to local school
6 councils, irrespective of the preferences expressed in
7 any such poll.
8 (iii) For the 1995-96 school year only,
9 appointments shall be made from among those students who
10 submitted statements of candidacy to the principal of the
11 attendance center during the first 2 weeks of the school
12 year. The principal shall communicate the results of any
13 nonbinding, advisory poll to the Board. These results
14 shall be advisory only, and the Board shall maintain
15 absolute discretion to appoint student members to local
16 school councils, irrespective of the preferences
17 expressed in any such poll.
18 (n) The Board may promulgate such other rules and
19 regulations for election procedures as may be deemed
20 necessary to ensure fair elections.
21 (o) In the event that a vacancy occurs during a member's
22 term, the Council shall appoint a person eligible to serve on
23 the Council, to fill the unexpired term created by the
24 vacancy, except that any teacher vacancy shall be filled by
25 the Board after considering the preferences of the school
26 staff as ascertained through a non-binding advisory poll of
27 school staff.
28 (p) If less than the specified number of persons is
29 elected within each candidate category, the newly elected
30 local school council shall appoint eligible persons to serve
31 as members of the Council for two-year terms.
32 (q) The Board shall promulgate rules regarding conflicts
33 of interest and disclosure of economic interests which shall
34 apply to local school council members and which shall require
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1 reports or statements to be filed by Council members at
2 regular intervals with the Secretary of the Board. Failure
3 to comply with such rules or intentionally falsifying such
4 reports shall be grounds for disqualification from local
5 school council membership. A vacancy on the Council for
6 disqualification may be so declared by the Secretary of the
7 Board. Rules regarding conflicts of interest and disclosure
8 of economic interests promulgated by the Board shall apply to
9 local school council members in addition to the requirements
10 of the Illinois Governmental Ethics Act applicable to local
11 school council members.
12 (r) If a parent member of a Local School Council ceases
13 to have any child enrolled in the attendance center governed
14 by the Local School Council due to the graduation or
15 voluntary transfer of a child or children from the attendance
16 center, the parent's membership on the Local School Council
17 and all voting rights are terminated immediately as of the
18 date of the child's graduation or voluntary transfer.
19 Further, a local school council member may be removed from
20 the Council by a majority vote of the Council as provided in
21 subsection (c) of Section 34-2.2 if the Council member has
22 missed 3 consecutive regular meetings, not including
23 committee meetings, or 5 regular meetings in a 12 month
24 period, not including committee meetings. Further, a local
25 school council member may be removed by the council by a
26 majority vote of the council as provided in subsection (c) of
27 Section 34-2.2 if the council determines that a member failed
28 to disclose a conviction of any of the offenses specified in
29 subsection (c) of Section 34-18.5 as required in subsection
30 (f) of this Section 34-2.1. A vote to remove a Council member
31 shall only be valid if the Council member has been notified
32 personally or by certified mail, mailed to the person's last
33 known address, of the Council's intent to vote on the Council
34 member's removal at least 7 days prior to the vote. The
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1 Council member in question shall have the right to explain
2 his or her actions and shall be eligible to vote on the
3 question of his or her removal from the Council. The
4 provisions of this subsection shall be contained within the
5 petitions used to nominate Council candidates.
6 (Source: P.A. 88-511; 88-686, eff. 1-24-95; 89-15, eff.
7 5-30-95; 89-369, eff. 8-18-95; 89-626, eff. 8-9-96; 89-636,
8 eff. 8-9-96.)
9 Section 99. Effective date. This Act takes effect upon
10 becoming a law.