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90_SB0744
105 ILCS 5/34-2.1 from Ch. 122, par. 34-2.1
Amends the School Code in a Section regarding local
school councils. Changes a reference to the "Board of
Education" to a reference to the "Board".
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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
6 Section 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.
24 (b) Within 7 days of January 11, 1991, the Mayor shall
25 appoint the members and officers (a Chairperson who shall be
26 a parent member and a Secretary) of each local school council
27 who shall hold their offices until their successors shall be
28 elected and qualified. Members so appointed shall have all
29 the powers and duties of local school councils as set forth
30 in this amendatory Act of 1991. The Mayor's appointments
31 shall not require approval by the City Council.
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1 The membership of each local school council shall be
2 encouraged to be reflective of the racial and ethnic
3 composition of the student population of the attendance
4 center served by the local school council.
5 (c) Beginning with the 1995-1996 school year and in
6 every even-numbered year thereafter, the Board shall set
7 second semester Parent Report Card Pick-up Day for Local
8 School Council elections and may schedule elections at
9 year-round schools for the same dates as the remainder of the
10 school system. Elections shall be conducted as provided
11 herein by the Board of Education in consultation with the
12 local school council at each attendance center.
13 (d) Beginning with the 1995-96 school year, the
14 following procedures shall apply to the election of local
15 school council members at each attendance center:
16 (i) The elected members of each local school
17 council shall consist of the 6 parent members and the 2
18 community resident members.
19 (ii) Each elected member shall be elected by the
20 eligible voters of that attendance center to serve for a
21 two-year term commencing on July 1 immediately following
22 the election described in subsection (c). Eligible
23 voters for each attendance center shall consist of the
24 parents and community residents for that attendance
25 center.
26 (iii) Each eligible voter shall be entitled to cast
27 one vote for up to a total of 5 candidates, irrespective
28 of whether such candidates are parent or community
29 resident candidates.
30 (iv) Each parent voter shall be entitled to vote in
31 the local school council election at each attendance
32 center in which he or she has a child currently enrolled.
33 Each community resident voter shall be entitled to vote
34 in the local school council election at each attendance
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1 center for which he or she resides in the applicable
2 attendance area or voting district, as the case may be.
3 (v) Each eligible voter shall be entitled to vote
4 once, but not more than once, in the local school council
5 election at each attendance center at which the voter is
6 eligible to vote.
7 (vi) The 2 teacher members of each local school
8 council shall be appointed as provided in subsection (l)
9 below each to serve for a two-year term coinciding with
10 that of the elected parent and community resident
11 members.
12 (vii) At secondary attendance centers, the voting
13 student member shall be appointed as provided in
14 subsection (m) below to serve for a one-year term
15 coinciding with the beginning of the terms of the elected
16 parent and community members of the local school council.
17 (e) The Council shall publicize the date and place of
18 the election by posting notices at the attendance center, in
19 public places within the attendance boundaries of the
20 attendance center and by distributing notices to the pupils
21 at the attendance center, and shall utilize such other means
22 as it deems necessary to maximize the involvement of all
23 eligible voters.
24 (f) Nomination. The Council shall publicize the opening
25 of nominations by posting notices at the attendance center,
26 in public places within the attendance boundaries of the
27 attendance center and by distributing notices to the pupils
28 at the attendance center, and shall utilize such other means
29 as it deems necessary to maximize the involvement of all
30 eligible voters. Not less than 2 weeks before the election
31 date, persons eligible to run for the Council shall submit
32 their name and some evidence of eligibility to the Council.
33 The Council shall encourage nomination of candidates
34 reflecting the racial/ethnic population of the students at
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1 the attendance center. Each person nominated who runs as a
2 candidate shall disclose, in a manner determined by the
3 Board, any economic interest held by such person, by such
4 person's spouse or children, or by each business entity in
5 which such person has an ownership interest, in any contract
6 with the Board, any local school council or any public school
7 in the school district. Each person nominated who runs as a
8 candidate shall also disclose, in a manner determined by the
9 Board, if he or she ever has been convicted of any of the
10 offenses specified in subsection (c) of Section 34-18.5;
11 provided that neither this provision nor any other provision
12 of this Section shall be deemed to require the disclosure of
13 any information that is contained in any law enforcement
14 record or juvenile court record that is confidential or whose
15 accessibility or disclosure is restricted or prohibited under
16 Section 1-7 or 1-8 of the Juvenile Court Act of 1987. Failure
17 to make such disclosure shall render a person ineligible for
18 election to the local school council. The same disclosure
19 shall be required of persons under consideration for
20 appointment to the Council pursuant to subsections (l) and
21 (m) of this Section.
22 (g) At least one week before the election date, the
23 Council shall publicize, in the manner provided in subsection
24 (e), the names of persons nominated for election.
25 (h) Voting shall be in person by secret ballot at the
26 attendance center between the hours of 6:00 a.m. and 7:00
27 p.m.
28 (i) Candidates receiving the highest number of votes
29 shall be declared elected by the Council. In cases of a tie,
30 the Council shall determine the winner by lot.
31 (j) The Council shall certify the results of the
32 election and shall publish the results in the minutes of the
33 Council.
34 (k) The general superintendent shall resolve any
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1 disputes concerning election procedure or results and shall
2 ensure that, except as provided in subsections (e) and (g),
3 no resources of any attendance center shall be used to
4 endorse or promote any candidate.
5 (l) Beginning with the 1995-1996 school year and in
6 every even numbered year thereafter, the Board shall appoint
7 2 teacher members to each local school council. These
8 appointments shall be made in the following manner:
9 (i) The Board shall appoint 2 teachers who are
10 employed and assigned to perform the majority of their
11 employment duties at the attendance center to serve on
12 the local school council of the attendance center for a
13 two-year term coinciding with the terms of the elected
14 parent and community members of that local school
15 council. These appointments shall be made from among
16 those teachers who are nominated in accordance with
17 subsection (f).
18 (ii) A non-binding, advisory poll to ascertain the
19 preferences of the school staff regarding appointments of
20 teachers to the local school council for that attendance
21 center shall be conducted in accordance with the
22 procedures used to elect parent and community Council
23 representatives. At such poll, each member of the school
24 staff shall be entitled to indicate his or her preference
25 for up to 2 candidates from among those who submitted
26 statements of candidacy as described above. These
27 preferences shall be advisory only and the Board shall
28 maintain absolute discretion to appoint teacher members
29 to local school councils, irrespective of the preferences
30 expressed in any such poll.
31 (m) Beginning with the 1995-1996 school year, and in
32 every year thereafter, the Board shall appoint one student
33 member to each secondary attendance center. These
34 appointments shall be made in the following manner:
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1 (i) Appointments shall be made from among those
2 students who submit statements of candidacy to the
3 principal of the attendance center, such statements to be
4 submitted commencing on the first day of the twentieth
5 week of school and continuing for 2 weeks thereafter.
6 The form and manner of such candidacy statements shall be
7 determined by the Board.
8 (ii) During the twenty-second week of school in
9 every year, the principal of each attendance center shall
10 conduct a non-binding, advisory poll to ascertain the
11 preferences of the school students regarding the
12 appointment of a student to the local school council for
13 that attendance center. At such poll, each student shall
14 be entitled to indicate his or her preference for up to
15 one candidate from among those who submitted statements
16 of candidacy as described above. The Board shall
17 promulgate rules to ensure that these non-binding,
18 advisory polls are conducted in a fair and equitable
19 manner and maximize the involvement of all school
20 students. The preferences expressed in these
21 non-binding, advisory polls shall be transmitted by the
22 principal to the Board. However, these preferences shall
23 be advisory only and the Board shall maintain absolute
24 discretion to appoint student members to local school
25 councils, irrespective of the preferences expressed in
26 any such poll.
27 (iii) For the 1995-96 school year only,
28 appointments shall be made from among those students who
29 submitted statements of candidacy to the principal of the
30 attendance center during the first 2 weeks of the school
31 year. The principal shall communicate the results of any
32 nonbinding, advisory poll to the Board. These results
33 shall be advisory only, and the Board shall maintain
34 absolute discretion to appoint student members to local
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1 school councils, irrespective of the preferences
2 expressed in any such poll.
3 (n) The Board may promulgate such other rules and
4 regulations for election procedures as may be deemed
5 necessary to ensure fair elections.
6 (o) In the event that a vacancy occurs during a member's
7 term, the Council shall appoint a person eligible to serve on
8 the Council, to fill the unexpired term created by the
9 vacancy, except that any teacher vacancy shall be filled by
10 the Board after considering the preferences of the school
11 staff as ascertained through a non-binding advisory poll of
12 school staff.
13 (p) If less than the specified number of persons is
14 elected within each candidate category, the newly elected
15 local school council shall appoint eligible persons to serve
16 as members of the Council for two-year terms.
17 (q) The Board shall promulgate rules regarding conflicts
18 of interest and disclosure of economic interests which shall
19 apply to local school council members and which shall require
20 reports or statements to be filed by Council members at
21 regular intervals with the Secretary of the Board. Failure
22 to comply with such rules or intentionally falsifying such
23 reports shall be grounds for disqualification from local
24 school council membership. A vacancy on the Council for
25 disqualification may be so declared by the Secretary of the
26 Board. Rules regarding conflicts of interest and disclosure
27 of economic interests promulgated by the Board shall apply to
28 local school council members in addition to the requirements
29 of the Illinois Governmental Ethics Act applicable to local
30 school council members.
31 (r) If a parent member of a Local School Council ceases
32 to have any child enrolled in the attendance center governed
33 by the Local School Council due to the graduation or
34 voluntary transfer of a child or children from the attendance
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1 center, the parent's membership on the Local School Council
2 and all voting rights are terminated immediately as of the
3 date of the child's graduation or voluntary transfer.
4 Further, a local school council member may be removed from
5 the Council by a majority vote of the Council as provided in
6 subsection (c) of Section 34-2.2 if the Council member has
7 missed 3 consecutive regular meetings, not including
8 committee meetings, or 5 regular meetings in a 12 month
9 period, not including committee meetings. Further, a local
10 school council member may be removed by the council by a
11 majority vote of the council as provided in subsection (c) of
12 Section 34-2.2 if the council determines that a member failed
13 to disclose a conviction of any of the offenses specified in
14 subsection (c) of Section 34-18.5 as required in subsection
15 (f) of this Section 34-2.1. A vote to remove a Council member
16 shall only be valid if the Council member has been notified
17 personally or by certified mail, mailed to the person's last
18 known address, of the Council's intent to vote on the Council
19 member's removal at least 7 days prior to the vote. The
20 Council member in question shall have the right to explain
21 his or her actions and shall be eligible to vote on the
22 question of his or her removal from the Council. The
23 provisions of this subsection shall be contained within the
24 petitions used to nominate Council candidates.
25 (Source: P.A. 88-511; 88-686, eff. 1-24-95; 89-15, eff.
26 5-30-95; 89-369, eff. 8-18-95; 89-626, eff. 8-9-96; 89-636,
27 eff. 8-9-96.)