100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5995

 

Introduced , by Rep. Robert Martwick

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/27A-5
105 ILCS 5/34-2.1  from Ch. 122, par. 34-2.1
105 ILCS 5/34-2.2  from Ch. 122, par. 34-2.2
105 ILCS 5/34-2.3  from Ch. 122, par. 34-2.3
105 ILCS 5/34-2.3b
105 ILCS 5/34-2.4b  from Ch. 122, par. 34-2.4b
105 ILCS 5/34-8.3  from Ch. 122, par. 34-8.3
105 ILCS 5/34-8.4

    Amends the School Code. Provides that a charter school operating within the City of Chicago shall be administered by a local school council. Provides that a local school council shall be established for each small school, contract school, and military school within the Chicago school district. Provides that in each attendance center enrolling students in 7th or 8th grade, one full-time student member shall be appointed, although no attendance center shall have more than one student member. Requires a supermajority of 8 votes by the local school council to veto any action proposed or approved regarding certain schools placed on probation and intervention actions by the Chicago Schools Academic Accountability Council. Creates the LSC Certification Commission to provide fundamental training to members of local school councils and certify each member, and sets forth its composition. Sets forth a mandatory training program for local school council members. Provides that the LSC Certification Commission may request and, upon such request, the board of education shall budget and distribute such funds as are equal to the total allocations for the certification of local school council members in the year immediately prior. Makes other changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB5995LRB100 24209 AXK 43426 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
527A-5, 34-2.1, 34-2.2, 34-2.3, 34-2.3b, 34-2.4b, 34-8.3, and
634-8.4 as follows:
 
7    (105 ILCS 5/27A-5)
8    Sec. 27A-5. Charter school; legal entity; requirements.
9    (a) A charter school shall be a public, nonsectarian,
10nonreligious, non-home based, and non-profit school. A charter
11school shall be organized and operated as a nonprofit
12corporation or other discrete, legal, nonprofit entity
13authorized under the laws of the State of Illinois.
14    (b) A charter school may be established under this Article
15by creating a new school or by converting an existing public
16school or attendance center to charter school status. Beginning
17on April 16, 2003 (the effective date of Public Act 93-3), in
18all new applications to establish a charter school in a city
19having a population exceeding 500,000, operation of the charter
20school shall be limited to one campus. The changes made to this
21Section by Public Act 93-3 do not apply to charter schools
22existing or approved on or before April 16, 2003 (the effective
23date of Public Act 93-3).

 

 

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1    (b-5) In this subsection (b-5), "virtual-schooling" means
2a cyber school where students engage in online curriculum and
3instruction via the Internet and electronic communication with
4their teachers at remote locations and with students
5participating at different times.
6    From April 1, 2013 through December 31, 2016, there is a
7moratorium on the establishment of charter schools with
8virtual-schooling components in school districts other than a
9school district organized under Article 34 of this Code. This
10moratorium does not apply to a charter school with
11virtual-schooling components existing or approved prior to
12April 1, 2013 or to the renewal of the charter of a charter
13school with virtual-schooling components already approved
14prior to April 1, 2013.
15    On or before March 1, 2014, the Commission shall submit to
16the General Assembly a report on the effect of
17virtual-schooling, including without limitation the effect on
18student performance, the costs associated with
19virtual-schooling, and issues with oversight. The report shall
20include policy recommendations for virtual-schooling.
21    (c) A charter school shall be administered and governed by
22its board of directors or other governing body in the manner
23provided in its charter. The governing body of a charter school
24shall be subject to the Freedom of Information Act and the Open
25Meetings Act. Any charter school operating within a school
26district organized under Article 34 of this Code shall be

 

 

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1administered by a local school council established pursuant to
2Section 34-2.1 of this Code, with all the normal and usual
3powers afforded to a local school council operating in a public
4school.
5    (d) For purposes of this subsection (d), "non-curricular
6health and safety requirement" means any health and safety
7requirement created by statute or rule to provide, maintain,
8preserve, or safeguard safe or healthful conditions for
9students and school personnel or to eliminate, reduce, or
10prevent threats to the health and safety of students and school
11personnel. "Non-curricular health and safety requirement" does
12not include any course of study or specialized instructional
13requirement for which the State Board has established goals and
14learning standards or which is designed primarily to impart
15knowledge and skills for students to master and apply as an
16outcome of their education.
17    A charter school shall comply with all non-curricular
18health and safety requirements applicable to public schools
19under the laws of the State of Illinois. On or before September
201, 2015, the State Board shall promulgate and post on its
21Internet website a list of non-curricular health and safety
22requirements that a charter school must meet. The list shall be
23updated annually no later than September 1. Any charter
24contract between a charter school and its authorizer must
25contain a provision that requires the charter school to follow
26the list of all non-curricular health and safety requirements

 

 

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1promulgated by the State Board and any non-curricular health
2and safety requirements added by the State Board to such list
3during the term of the charter. Nothing in this subsection (d)
4precludes an authorizer from including non-curricular health
5and safety requirements in a charter school contract that are
6not contained in the list promulgated by the State Board,
7including non-curricular health and safety requirements of the
8authorizing local school board.
9    (e) Except as otherwise provided in the School Code, a
10charter school shall not charge tuition; provided that a
11charter school may charge reasonable fees for textbooks,
12instructional materials, and student activities.
13    (f) A charter school shall be responsible for the
14management and operation of its fiscal affairs including, but
15not limited to, the preparation of its budget. An audit of each
16charter school's finances shall be conducted annually by an
17outside, independent contractor retained by the charter
18school. To ensure financial accountability for the use of
19public funds, on or before December 1 of every year of
20operation, each charter school shall submit to its authorizer
21and the State Board a copy of its audit and a copy of the Form
22990 the charter school filed that year with the federal
23Internal Revenue Service. In addition, if deemed necessary for
24proper financial oversight of the charter school, an authorizer
25may require quarterly financial statements from each charter
26school.

 

 

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1    (g) A charter school shall comply with all provisions of
2this Article, the Illinois Educational Labor Relations Act, all
3federal and State laws and rules applicable to public schools
4that pertain to special education and the instruction of
5English learners, and its charter. A charter school is exempt
6from all other State laws and regulations in this Code
7governing public schools and local school board policies;
8however, a charter school is not exempt from the following:
9        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
10    criminal history records checks and checks of the Statewide
11    Sex Offender Database and Statewide Murderer and Violent
12    Offender Against Youth Database of applicants for
13    employment;
14        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
15    34-84a of this Code regarding discipline of students;
16        (3) the Local Governmental and Governmental Employees
17    Tort Immunity Act;
18        (4) Section 108.75 of the General Not For Profit
19    Corporation Act of 1986 regarding indemnification of
20    officers, directors, employees, and agents;
21        (5) the Abused and Neglected Child Reporting Act;
22        (5.5) subsection (b) of Section 10-23.12 and
23    subsection (b) of Section 34-18.6 of this Code;
24        (6) the Illinois School Student Records Act;
25        (7) Section 10-17a of this Code regarding school report
26    cards;

 

 

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1        (8) the P-20 Longitudinal Education Data System Act;
2        (9) Section 27-23.7 of this Code regarding bullying
3    prevention;
4        (10) Section 2-3.162 of this Code regarding student
5    discipline reporting;
6        (11) Sections 22-80 and 27-8.1 of this Code;
7        (12) Sections 10-20.60 and 34-18.53 of this Code;
8        (13) Sections 10-20.63 and 34-18.56 of this Code; and
9        (14) Section 26-18 of this Code; and
10        (15) Section 22-30 of this Code.
11    The change made by Public Act 96-104 to this subsection (g)
12is declaratory of existing law.
13    (h) A charter school may negotiate and contract with a
14school district, the governing body of a State college or
15university or public community college, or any other public or
16for-profit or nonprofit private entity for: (i) the use of a
17school building and grounds or any other real property or
18facilities that the charter school desires to use or convert
19for use as a charter school site, (ii) the operation and
20maintenance thereof, and (iii) the provision of any service,
21activity, or undertaking that the charter school is required to
22perform in order to carry out the terms of its charter.
23However, a charter school that is established on or after April
2416, 2003 (the effective date of Public Act 93-3) and that
25operates in a city having a population exceeding 500,000 may
26not contract with a for-profit entity to manage or operate the

 

 

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1school during the period that commences on April 16, 2003 (the
2effective date of Public Act 93-3) and concludes at the end of
3the 2004-2005 school year. Except as provided in subsection (i)
4of this Section, a school district may charge a charter school
5reasonable rent for the use of the district's buildings,
6grounds, and facilities. Any services for which a charter
7school contracts with a school district shall be provided by
8the district at cost. Any services for which a charter school
9contracts with a local school board or with the governing body
10of a State college or university or public community college
11shall be provided by the public entity at cost.
12    (i) In no event shall a charter school that is established
13by converting an existing school or attendance center to
14charter school status be required to pay rent for space that is
15deemed available, as negotiated and provided in the charter
16agreement, in school district facilities. However, all other
17costs for the operation and maintenance of school district
18facilities that are used by the charter school shall be subject
19to negotiation between the charter school and the local school
20board and shall be set forth in the charter.
21    (j) A charter school may limit student enrollment by age or
22grade level.
23    (k) If the charter school is approved by the Commission,
24then the Commission charter school is its own local education
25agency.
26(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245,

 

 

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1eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16;
299-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18;
3100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff.
41-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863,
5eff. 8-14-18; revised 10-5-18.)
 
6    (105 ILCS 5/34-2.1)  (from Ch. 122, par. 34-2.1)
7    Sec. 34-2.1. Local School Councils - Composition -
8Voter-Eligibility - Elections - Terms.
9    (a) Notwithstanding any other provision of law, a A local
10school council shall be established for each attendance center
11within the school district, except for private schools, but
12including public small schools, contract schools, and military
13schools within the district. Each local school council shall
14consist of the following 12 voting members: the principal of
15the attendance center, 2 teachers employed and assigned to
16perform the majority of their employment duties at the
17attendance center, 6 parents of students currently enrolled at
18the attendance center, one employee of the school district
19employed and assigned to perform the majority of his or her
20employment duties at the attendance center who is not a
21teacher, and 2 community residents. Neither the parents nor the
22community residents who serve as members of the local school
23council shall be employees of the Board of Education. In each
24secondary attendance center, the local school council shall
25consist of 13 voting members -- the 12 voting members described

 

 

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1above and one full-time student member, appointed as provided
2in subsection (m) below. In each attendance center enrolling
3students in 7th or 8th grade, one full-time student member
4shall be appointed as provided in subsection (m) of this
5Section. In the event that the chief executive officer of the
6Chicago School Reform Board of Trustees determines that a local
7school council is not carrying out its financial duties
8effectively, the chief executive officer is authorized to
9appoint a representative of the business community with
10experience in finance and management to serve as an advisor to
11the local school council for the purpose of providing advice
12and assistance to the local school council on fiscal matters.
13The advisor shall have access to relevant financial records of
14the local school council. The advisor may attend executive
15sessions. The chief executive officer shall issue a written
16policy defining the circumstances under which a local school
17council is not carrying out its financial duties effectively.
18    (b) Within 7 days of January 11, 1991, the Mayor shall
19appoint the members and officers (a Chairperson who shall be a
20parent member and a Secretary) of each local school council who
21shall hold their offices until their successors shall be
22elected and qualified. Members so appointed shall have all the
23powers and duties of local school councils as set forth in this
24amendatory Act of 1991. The Mayor's appointments shall not
25require approval by the City Council.
26    The membership of each local school council shall be

 

 

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1encouraged to be reflective of the racial and ethnic
2composition of the student population of the attendance center
3served by the local school council.
4    (c) Beginning with the 1995-1996 school year and in every
5even-numbered year thereafter, the Board shall set second
6semester Parent Report Card Pick-up Day for Local School
7Council elections and may schedule elections at year-round
8schools for the same dates as the remainder of the school
9system. Elections shall be conducted as provided herein by the
10Board of Education in consultation with the local school
11council at each attendance center.
12    (d) Beginning with the 1995-96 school year, the following
13procedures shall apply to the election of local school council
14members at each attendance center:
15        (i) The elected members of each local school council
16    shall consist of the 6 parent members and the 2 community
17    resident members.
18        (ii) Each elected member shall be elected by the
19    eligible voters of that attendance center to serve for a
20    two-year term commencing on July 1 immediately following
21    the election described in subsection (c). Eligible voters
22    for each attendance center shall consist of the parents and
23    community residents for that attendance center.
24        (iii) Each eligible voter shall be entitled to cast one
25    vote for up to a total of 5 candidates, irrespective of
26    whether such candidates are parent or community resident

 

 

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

 

 

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1center and by distributing notices to the pupils at the
2attendance center, and shall utilize such other means as it
3deems necessary to maximize the involvement of all eligible
4voters.
5    (f) Nomination. The Council shall publicize the opening of
6nominations by posting notices at the attendance center, in
7public places within the attendance boundaries of the
8attendance center and by distributing notices to the pupils at
9the attendance center, and shall utilize such other means as it
10deems necessary to maximize the involvement of all eligible
11voters. Not less than 2 weeks before the election date, persons
12eligible to run for the Council shall submit their name, date
13of birth, social security number, if available, and some
14evidence of eligibility to the Council. The Council shall
15encourage nomination of candidates reflecting the
16racial/ethnic population of the students at the attendance
17center. Each person nominated who runs as a candidate shall
18disclose, in a manner determined by the Board, any economic
19interest held by such person, by such person's spouse or
20children, or by each business entity in which such person has
21an ownership interest, in any contract with the Board, any
22local school council or any public school in the school
23district. Each person nominated who runs as a candidate shall
24also disclose, in a manner determined by the Board, if he or
25she ever has been convicted of any of the offenses specified in
26subsection (c) of Section 34-18.5; provided that neither this

 

 

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1provision nor any other provision of this Section shall be
2deemed to require the disclosure of any information that is
3contained in any law enforcement record or juvenile court
4record that is confidential or whose accessibility or
5disclosure is restricted or prohibited under Section 5-901 or
65-905 of the Juvenile Court Act of 1987. Failure to make such
7disclosure shall render a person ineligible for election or to
8serve on the local school council. The same disclosure shall be
9required of persons under consideration for appointment to the
10Council pursuant to subsections (l) and (m) of this Section.
11    (f-5) Notwithstanding disclosure, a person who has been
12convicted of any of the following offenses at any time shall be
13ineligible for election or appointment to a local school
14council and ineligible for appointment to a local school
15council pursuant to subsections (l) and (m) of this Section:
16(i) those defined in Section 11-1.20, 11-1.30, 11-1.40,
1711-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16, 11-17.1,
1811-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
1912-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2) of
20Section 11-14.3, of the Criminal Code of 1961 or the Criminal
21Code of 2012, or (ii) any offense committed or attempted in any
22other state or against the laws of the United States, which, if
23committed or attempted in this State, would have been
24punishable as one or more of the foregoing offenses.
25Notwithstanding disclosure, a person who has been convicted of
26any of the following offenses within the 10 years previous to

 

 

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1the date of nomination or appointment shall be ineligible for
2election or appointment to a local school council: (i) those
3defined in Section 401.1, 405.1, or 405.2 of the Illinois
4Controlled Substances Act or (ii) any offense committed or
5attempted in any other state or against the laws of the United
6States, which, if committed or attempted in this State, would
7have been punishable as one or more of the foregoing offenses.
8    Immediately upon election or appointment, incoming local
9school council members shall be required to undergo a criminal
10background investigation, to be completed prior to the member
11taking office, in order to identify any criminal convictions
12under the offenses enumerated in Section 34-18.5. The
13investigation shall be conducted by the Department of State
14Police in the same manner as provided for in Section 34-18.5.
15However, notwithstanding Section 34-18.5, the social security
16number shall be provided only if available. If it is determined
17at any time that a local school council member or member-elect
18has been convicted of any of the offenses enumerated in this
19Section or failed to disclose a conviction of any of the
20offenses enumerated in Section 34-18.5, the general
21superintendent shall notify the local school council member or
22member-elect of such determination and the local school council
23member or member-elect shall be removed from the local school
24council by the Board, subject to a hearing, convened pursuant
25to Board rule, prior to removal.
26    (g) At least one week before the election date, the Council

 

 

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

 

 

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

 

 

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1    (m) Beginning with the 1995-1996 school year, and in every
2year thereafter, the Board shall appoint one student member to
3each secondary attendance center and attendance center
4enrolling students in 7th or 8th grade, although no attendance
5center shall have more than one student member. These
6appointments shall be made in the following manner:
7        (i) Appointments shall be made from among those
8    students who submit statements of candidacy to the
9    principal of the attendance center, such statements to be
10    submitted commencing on the first day of the twentieth week
11    of school and continuing for 2 weeks thereafter. The form
12    and manner of such candidacy statements shall be determined
13    by the Board.
14        (ii) During the twenty-second week of school in every
15    year, the principal of each attendance center shall conduct
16    a non-binding, advisory poll to ascertain the preferences
17    of the school students regarding the appointment of a
18    student to the local school council for that attendance
19    center. At such poll, each student shall be entitled to
20    indicate his or her preference for up to one candidate from
21    among those who submitted statements of candidacy as
22    described above. The Board shall promulgate rules to ensure
23    that these non-binding, advisory polls are conducted in a
24    fair and equitable manner and maximize the involvement of
25    all school students. The preferences expressed in these
26    non-binding, advisory polls shall be transmitted by the

 

 

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

 

 

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1council shall appoint eligible persons to serve as members of
2the Council for two-year terms.
3    (q) The Board shall promulgate rules regarding conflicts of
4interest and disclosure of economic interests which shall apply
5to local school council members and which shall require reports
6or statements to be filed by Council members at regular
7intervals with the Secretary of the Board. Failure to comply
8with such rules or intentionally falsifying such reports shall
9be grounds for disqualification from local school council
10membership. A vacancy on the Council for disqualification may
11be so declared by the Secretary of the Board. Rules regarding
12conflicts of interest and disclosure of economic interests
13promulgated by the Board shall apply to local school council
14members. No less than 45 days prior to the deadline, the
15general superintendent shall provide notice, by mail, to each
16local school council member of all requirements and forms for
17compliance with economic interest statements.
18    (r) (1) If a parent member of a local school council ceases
19to have any child enrolled in the attendance center governed by
20the Local School Council due to the graduation or voluntary
21transfer of a child or children from the attendance center, the
22parent's membership on the Local School Council and all voting
23rights are terminated immediately as of the date of the child's
24graduation or voluntary transfer. If the child of a parent
25member of a local school council dies during the member's term
26in office, the member may continue to serve on the local school

 

 

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1council for the balance of his or her term. Further, a local
2school council member may be removed from the Council by a
3majority vote of the Council as provided in subsection (c) of
4Section 34-2.2 if the Council member has missed 3 consecutive
5regular meetings, not including committee meetings, or 5
6regular meetings in a 12 month period, not including committee
7meetings. If a parent member of a local school council ceases
8to be eligible to serve on the Council for any other reason, he
9or she shall be removed by the Board subject to a hearing,
10convened pursuant to Board rule, prior to removal. A vote to
11remove a Council member by the local school council shall only
12be valid if the Council member has been notified personally or
13by certified mail, mailed to the person's last known address,
14of the Council's intent to vote on the Council member's removal
15at least 7 days prior to the vote. The Council member in
16question shall have the right to explain his or her actions and
17shall be eligible to vote on the question of his or her removal
18from the Council. The provisions of this subsection shall be
19contained within the petitions used to nominate Council
20candidates.
21    (2) A person may continue to serve as a community resident
22member of a local school council as long as he or she resides
23in the attendance area served by the school and is not employed
24by the Board nor is a parent of a student enrolled at the
25school. If a community resident member ceases to be eligible to
26serve on the Council, he or she shall be removed by the Board

 

 

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1subject to a hearing, convened pursuant to Board rule, prior to
2removal.
3    (3) A person may continue to serve as a teacher member of a
4local school council as long as he or she is employed and
5assigned to perform a majority of his or her duties at the
6school, provided that if the teacher representative resigns
7from employment with the Board or voluntarily transfers to
8another school, the teacher's membership on the local school
9council and all voting rights are terminated immediately as of
10the date of the teacher's resignation or upon the date of the
11teacher's voluntary transfer to another school. If a teacher
12member of a local school council ceases to be eligible to serve
13on a local school council for any other reason, that member
14shall be removed by the Board subject to a hearing, convened
15pursuant to Board rule, prior to removal.
16    (s) As used in this Section only, "community resident"
17means a person, 17 years of age or older, residing within an
18attendance area served by a school, excluding any person who is
19a parent of a student enrolled in that school; provided that
20with respect to any multi-area school, community resident means
21any person, 17 years of age or older, residing within the
22voting district established for that school pursuant to Section
2334-2.1c, excluding any person who is a parent of a student
24enrolled in that school. This definition does not apply to any
25provisions concerning school boards.
26(Source: P.A. 99-597, eff. 1-1-17.)
 

 

 

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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 of operation.
3    (a) The annual organizational meeting of each local school
4council shall be held at the attendance center. At the annual
5organization meeting, which shall be held no sooner than July 1
6and no later than July 14, a parent member of the local school
7council shall be selected by the members of such council as its
8chairperson, and a secretary shall be selected by the members
9of such council from among their number, each to serve a term
10of one year. Whenever a vacancy in the office of chairperson or
11secretary of a local school council shall occur, a new
12chairperson (who shall be a parent member) or secretary, as the
13case may be, shall be elected by the members of the local
14school council from among their number to serve as such
15chairperson or secretary for the unexpired term of office in
16which the vacancy occurs. At each annual organizational
17meeting, the time and place of any regular meetings of the
18local school council shall be fixed. Special meetings of the
19local school council may be called by the chairperson or by any
204 members by giving notice thereof in writing, specifying the
21time, place and purpose of the meeting. Public notice of
22meetings shall also be given in accordance with the Open
23Meetings Act.
24    (b) Members and officers of the local school council shall
25serve without compensation and without reimbursement of any

 

 

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1expenses incurred in the performance of their duties, except
2that the board of education may by rule establish a procedure
3and thereunder provide for reimbursement of members and
4officers of local school councils for such of their reasonable
5and necessary expenses (excluding any lodging or meal expenses)
6incurred in the performance of their duties as the board may
7deem appropriate.
8    (c) A majority of the full membership of the local school
9council shall constitute a quorum, and whenever a vote is taken
10on any measure before the local school council, a quorum being
11present, the affirmative vote of a majority of the votes of the
12full membership then serving of the local school council shall
13determine the outcome thereof; provided that whenever the
14measure before the local school council is (i) the evaluation
15of the principal, or (ii) the renewal of his or her performance
16contract or the inclusion of any provision or modification of
17the contract, or (iii) the direct selection by the local school
18council of a new principal (including a new principal to fill a
19vacancy) to serve under a 4 year performance contract, or (iv)
20the determination of the names of candidates to be submitted to
21the general superintendent for the position of principal, the
22principal and student member of a high school council shall not
23be counted for purposes of determining whether a quorum is
24present to act on the measure and shall have no vote thereon;
25and provided further that 7 affirmative votes of the local
26school council shall be required for the direct selection by

 

 

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1the local school council of a new principal to serve under a 4
2year performance contract but not for the renewal of a
3principal's performance contract. A supermajority of 8 votes is
4required to veto any action proposed or approved pursuant to
5subsection (d) of Section 34-8.3 of this Code or any action
6proposed or approved under Section 34-8.4 of this Code.
7    (d) Student members of high school councils shall not be
8eligible to vote on personnel matters, including but not
9limited to principal evaluations and contracts and the
10allocation of teaching and staff resources.
11    (e) The local school council of an attendance center which
12provides bilingual education shall be encouraged to provide
13translators at each council meeting to maximize participation
14of parents and the community.
15    (f) Each local school council of an attendance center which
16provides bilingual education shall create a Bilingual Advisory
17Committee or recognize an existing Bilingual Advisory
18Committee as a standing committee. The Chair and a majority of
19the members of the advisory committee shall be parents of
20students in the bilingual education program. The parents on the
21advisory committee shall be selected by parents of students in
22the bilingual education program, and the committee shall select
23a Chair. The advisory committee for each secondary attendance
24center shall include at least one full-time bilingual education
25student. The Bilingual Advisory Committee shall serve only in
26an advisory capacity to the local school council.

 

 

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1    (g) Local school councils may utilize the services of an
2arbitration board to resolve intra-council disputes.
3(Source: P.A. 91-622, eff. 8-19-99.)
 
4    (105 ILCS 5/34-2.3)  (from Ch. 122, par. 34-2.3)
5    Sec. 34-2.3. Local school councils - Powers and duties.
6Each local school council shall have and exercise, consistent
7with the provisions of this Article and the powers and duties
8of the board of education, the following powers and duties:
9    1. (A) To annually evaluate the performance of the
10principal of the attendance center using a Board approved
11principal evaluation form, which shall include the evaluation
12of (i) student academic improvement, as defined by the school
13improvement plan, (ii) student absenteeism rates at the school,
14(iii) instructional leadership, (iv) the effective
15implementation of programs, policies, or strategies to improve
16student academic achievement, (v) school management, and (vi)
17any other factors deemed relevant by the local school council,
18including, without limitation, the principal's communication
19skills and ability to create and maintain a student-centered
20learning environment, to develop opportunities for
21professional development, and to encourage parental
22involvement and community partnerships to achieve school
23improvement;
24    (B) to determine in the manner provided by subsection (c)
25of Section 34-2.2 and subdivision 1.5 of this Section whether

 

 

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1the performance contract of the principal shall be renewed; and
2    (C) to directly select, in the manner provided by
3subsection (c) of Section 34-2.2, a new principal (including a
4new principal to fill a vacancy) -- without submitting any list
5of candidates for that position to the general superintendent
6as provided in paragraph 2 of this Section -- to serve under a
74 year performance contract; provided that (i) the
8determination of whether the principal's performance contract
9is to be renewed, based upon the evaluation required by
10subdivision 1.5 of this Section, shall be made no later than
11150 days prior to the expiration of the current
12performance-based contract of the principal, (ii) in cases
13where such performance contract is not renewed -- a direct
14selection of a new principal -- to serve under a 4 year
15performance contract shall be made by the local school council
16no later than 45 days prior to the expiration of the current
17performance contract of the principal, and (iii) a selection by
18the local school council of a new principal to fill a vacancy
19under a 4 year performance contract shall be made within 90
20days after the date such vacancy occurs. A Council shall be
21required, if requested by the principal, to provide in writing
22the reasons for the council's not renewing the principal's
23contract.
24    1.5. The local school council's determination of whether to
25renew the principal's contract shall be based on an evaluation
26to assess the educational and administrative progress made at

 

 

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1the school during the principal's current performance-based
2contract. The local school council shall base its evaluation on
3(i) student academic improvement, as defined by the school
4improvement plan, (ii) student absenteeism rates at the school,
5(iii) instructional leadership, (iv) the effective
6implementation of programs, policies, or strategies to improve
7student academic achievement, (v) school management, and (vi)
8any other factors deemed relevant by the local school council,
9including, without limitation, the principal's communication
10skills and ability to create and maintain a student-centered
11learning environment, to develop opportunities for
12professional development, and to encourage parental
13involvement and community partnerships to achieve school
14improvement. If a local school council fails to renew the
15performance contract of a principal rated by the general
16superintendent, or his or her designee, in the previous years'
17evaluations as meeting or exceeding expectations, the
18principal, within 15 days after the local school council's
19decision not to renew the contract, may request a review of the
20local school council's principal non-retention decision by a
21hearing officer appointed by the American Arbitration
22Association. A local school council member or members or the
23general superintendent may support the principal's request for
24review. During the period of the hearing officer's review of
25the local school council's decision on whether or not to retain
26the principal, the local school council shall maintain all

 

 

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1authority to search for and contract with a person to serve as
2interim or acting principal, or as the principal of the
3attendance center under a 4-year performance contract,
4provided that any performance contract entered into by the
5local school council shall be voidable or modified in
6accordance with the decision of the hearing officer. The
7principal may request review only once while at that attendance
8center. If a local school council renews the contract of a
9principal who failed to obtain a rating of "meets" or "exceeds
10expectations" in the general superintendent's evaluation for
11the previous year, the general superintendent, within 15 days
12after the local school council's decision to renew the
13contract, may request a review of the local school council's
14principal retention decision by a hearing officer appointed by
15the American Arbitration Association. The general
16superintendent may request a review only once for that
17principal at that attendance center. All requests to review the
18retention or non-retention of a principal shall be submitted to
19the general superintendent, who shall, in turn, forward such
20requests, within 14 days of receipt, to the American
21Arbitration Association. The general superintendent shall send
22a contemporaneous copy of the request that was forwarded to the
23American Arbitration Association to the principal and to each
24local school council member and shall inform the local school
25council of its rights and responsibilities under the
26arbitration process, including the local school council's

 

 

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1right to representation and the manner and process by which the
2Board shall pay the costs of the council's representation. If
3the local school council retains the principal and the general
4superintendent requests a review of the retention decision, the
5local school council and the general superintendent shall be
6considered parties to the arbitration, a hearing officer shall
7be chosen between those 2 parties pursuant to procedures
8promulgated by the State Board of Education, and the principal
9may retain counsel and participate in the arbitration. If the
10local school council does not retain the principal and the
11principal requests a review of the retention decision, the
12local school council and the principal shall be considered
13parties to the arbitration and a hearing officer shall be
14chosen between those 2 parties pursuant to procedures
15promulgated by the State Board of Education. The hearing shall
16begin (i) within 45 days after the initial request for review
17is submitted by the principal to the general superintendent or
18(ii) if the initial request for review is made by the general
19superintendent, within 45 days after that request is mailed to
20the American Arbitration Association. The hearing officer
21shall render a decision within 45 days after the hearing begins
22and within 90 days after the initial request for review. The
23Board shall contract with the American Arbitration Association
24for all of the hearing officer's reasonable and necessary
25costs. In addition, the Board shall pay any reasonable costs
26incurred by a local school council for representation before a

 

 

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1hearing officer.
2    1.10. The hearing officer shall conduct a hearing, which
3shall include (i) a review of the principal's performance,
4evaluations, and other evidence of the principal's service at
5the school, (ii) reasons provided by the local school council
6for its decision, and (iii) documentation evidencing views of
7interested persons, including, without limitation, students,
8parents, local school council members, school faculty and
9staff, the principal, the general superintendent or his or her
10designee, and members of the community. The burden of proof in
11establishing that the local school council's decision was
12arbitrary and capricious shall be on the party requesting the
13arbitration, and this party shall sustain the burden by a
14preponderance of the evidence. The hearing officer shall set
15the local school council decision aside if that decision, in
16light of the record developed at the hearing, is arbitrary and
17capricious. The decision of the hearing officer may not be
18appealed to the Board or the State Board of Education. If the
19hearing officer decides that the principal shall be retained,
20the retention period shall not exceed 2 years.
21    2. In the event (i) the local school council does not renew
22the performance contract of the principal, or the principal
23fails to receive a satisfactory rating as provided in
24subsection (h) of Section 34-8.3, or the principal is removed
25for cause during the term of his or her performance contract in
26the manner provided by Section 34-85, or a vacancy in the

 

 

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1position of principal otherwise occurs prior to the expiration
2of the term of a principal's performance contract, and (ii) the
3local school council fails to directly select a new principal
4to serve under a 4 year performance contract, the local school
5council in such event shall submit to the general
6superintendent a list of 3 candidates -- listed in the local
7school council's order of preference -- for the position of
8principal, one of which shall be selected by the general
9superintendent to serve as principal of the attendance center.
10If the general superintendent fails or refuses to select one of
11the candidates on the list to serve as principal within 30 days
12after being furnished with the candidate list, the general
13superintendent shall select and place a principal on an interim
14basis (i) for a period not to exceed one year or (ii) until the
15local school council selects a new principal with 7 affirmative
16votes as provided in subsection (c) of Section 34-2.2,
17whichever occurs first. If the local school council fails or
18refuses to select and appoint a new principal, as specified by
19subsection (c) of Section 34-2.2, the general superintendent
20may select and appoint a new principal on an interim basis for
21an additional year or until a new contract principal is
22selected by the local school council. There shall be no
23discrimination on the basis of race, sex, creed, color or
24disability unrelated to ability to perform in connection with
25the submission of candidates for, and the selection of a
26candidate to serve as principal of an attendance center. No

 

 

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1person shall be directly selected, listed as a candidate for,
2or selected to serve as principal of an attendance center (i)
3if such person has been removed for cause from employment by
4the Board or (ii) if such person does not hold a valid
5administrative certificate issued or exchanged under Article
621 and endorsed as required by that Article for the position of
7principal. A principal whose performance contract is not
8renewed as provided under subsection (c) of Section 34-2.2 may
9nevertheless, if otherwise qualified and certified as herein
10provided and if he or she has received a satisfactory rating as
11provided in subsection (h) of Section 34-8.3, be included by a
12local school council as one of the 3 candidates listed in order
13of preference on any candidate list from which one person is to
14be selected to serve as principal of the attendance center
15under a new performance contract. The initial candidate list
16required to be submitted by a local school council to the
17general superintendent in cases where the local school council
18does not renew the performance contract of its principal and
19does not directly select a new principal to serve under a 4
20year performance contract shall be submitted not later than 30
21days prior to the expiration of the current performance
22contract. In cases where the local school council fails or
23refuses to submit the candidate list to the general
24superintendent no later than 30 days prior to the expiration of
25the incumbent principal's contract, the general superintendent
26may appoint a principal on an interim basis for a period not to

 

 

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1exceed one year, during which time the local school council
2shall be able to select a new principal with 7 affirmative
3votes as provided in subsection (c) of Section 34-2.2. In cases
4where a principal is removed for cause or a vacancy otherwise
5occurs in the position of principal and the vacancy is not
6filled by direct selection by the local school council, the
7candidate list shall be submitted by the local school council
8to the general superintendent within 90 days after the date
9such removal or vacancy occurs. In cases where the local school
10council fails or refuses to submit the candidate list to the
11general superintendent within 90 days after the date of the
12vacancy, the general superintendent may appoint a principal on
13an interim basis for a period of one year, during which time
14the local school council shall be able to select a new
15principal with 7 affirmative votes as provided in subsection
16(c) of Section 34-2.2.
17    2.5. Whenever a vacancy in the office of a principal occurs
18for any reason, the vacancy shall be filled in the manner
19provided by this Section by the selection of a new principal to
20serve under a 4 year performance contract.
21    3. To establish additional criteria to be included as part
22of the performance contract of its principal, provided that
23such additional criteria shall not discriminate on the basis of
24race, sex, creed, color or disability unrelated to ability to
25perform, and shall not be inconsistent with the uniform 4 year
26performance contract for principals developed by the board as

 

 

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1provided in Section 34-8.1 of the School Code or with other
2provisions of this Article governing the authority and
3responsibility of principals.
4    4. To approve the expenditure plan prepared by the
5principal with respect to all funds allocated and distributed
6to the attendance center by the Board. The expenditure plan
7shall be administered by the principal. Notwithstanding any
8other provision of this Act or any other law, any expenditure
9plan approved and administered under this Section 34-2.3 shall
10be consistent with and subject to the terms of any contract for
11services with a third party entered into by the Chicago School
12Reform Board of Trustees or the board under this Act.
13    Via a supermajority vote of 7 members of the local school
14council or 8 members of a high school local school council, the
15Council may transfer allocations pursuant to Section 34-2.3
16within funds; provided that such a transfer is consistent with
17applicable law and collective bargaining agreements.
18    Beginning in fiscal year 1991 and in each fiscal year
19thereafter, the Board may reserve up to 1% of its total fiscal
20year budget for distribution on a prioritized basis to schools
21throughout the school system in order to assure adequate
22programs to meet the needs of special student populations as
23determined by the Board. This distribution shall take into
24account the needs catalogued in the Systemwide Plan and the
25various local school improvement plans of the local school
26councils. Information about these centrally funded programs

 

 

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1shall be distributed to the local school councils so that their
2subsequent planning and programming will account for these
3provisions.
4    Beginning in fiscal year 1991 and in each fiscal year
5thereafter, from other amounts available in the applicable
6fiscal year budget, the board shall allocate a lump sum amount
7to each local school based upon such formula as the board shall
8determine taking into account the special needs of the student
9body. The local school principal shall develop an expenditure
10plan in consultation with the local school council, the
11professional personnel leadership committee and with all other
12school personnel, which reflects the priorities and activities
13as described in the school's local school improvement plan and
14is consistent with applicable law and collective bargaining
15agreements and with board policies and standards; however, the
16local school council shall have the right to request waivers of
17board policy from the board of education and waivers of
18employee collective bargaining agreements pursuant to Section
1934-8.1a.
20    The expenditure plan developed by the principal with
21respect to amounts available from the fund for prioritized
22special needs programs and the allocated lump sum amount must
23be approved by the local school council.
24    The lump sum allocation shall take into account the
25following principles:
26        a. Teachers: Each school shall be allocated funds equal

 

 

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1    to the amount appropriated in the previous school year for
2    compensation for teachers (regular grades kindergarten
3    through 12th grade) plus whatever increases in
4    compensation have been negotiated contractually or through
5    longevity as provided in the negotiated agreement.
6    Adjustments shall be made due to layoff or reduction in
7    force, lack of funds or work, change in subject
8    requirements, enrollment changes, or contracts with third
9    parties for the performance of services or to rectify any
10    inconsistencies with system-wide allocation formulas or
11    for other legitimate reasons.
12        b. Other personnel: Funds for other teacher
13    certificated and uncertificated personnel paid through
14    non-categorical funds shall be provided according to
15    system-wide formulas based on student enrollment and the
16    special needs of the school as determined by the Board.
17        c. Non-compensation items: Appropriations for all
18    non-compensation items shall be based on system-wide
19    formulas based on student enrollment and on the special
20    needs of the school or factors related to the physical
21    plant, including but not limited to textbooks, electronic
22    textbooks and the technological equipment necessary to
23    gain access to and use electronic textbooks, supplies,
24    electricity, equipment, and routine maintenance.
25        d. Funds for categorical programs: Schools shall
26    receive personnel and funds based on, and shall use such

 

 

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1    personnel and funds in accordance with State and Federal
2    requirements applicable to each categorical program
3    provided to meet the special needs of the student body
4    (including but not limited to, Federal Chapter I,
5    Bilingual, and Special Education).
6        d.1. Funds for State Title I: Each school shall receive
7    funds based on State and Board requirements applicable to
8    each State Title I pupil provided to meet the special needs
9    of the student body. Each school shall receive the
10    proportion of funds as provided in Section 18-8 or 18-8.15
11    to which they are entitled. These funds shall be spent only
12    with the budgetary approval of the Local School Council as
13    provided in Section 34-2.3.
14        e. The Local School Council shall have the right to
15    request the principal to close positions and open new ones
16    consistent with the provisions of the local school
17    improvement plan provided that these decisions are
18    consistent with applicable law and collective bargaining
19    agreements. If a position is closed, pursuant to this
20    paragraph, the local school shall have for its use the
21    system-wide average compensation for the closed position.
22        f. Operating within existing laws and collective
23    bargaining agreements, the local school council shall have
24    the right to direct the principal to shift expenditures
25    within funds.
26        g. (Blank).

 

 

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1    Any funds unexpended at the end of the fiscal year shall be
2available to the board of education for use as part of its
3budget for the following fiscal year.
4    5. To make recommendations to the principal concerning
5textbook selection and concerning curriculum developed
6pursuant to the school improvement plan which is consistent
7with systemwide curriculum objectives in accordance with
8Sections 34-8 and 34-18 of the School Code and in conformity
9with the collective bargaining agreement.
10    6. To advise the principal concerning the attendance and
11disciplinary policies for the attendance center, subject to the
12provisions of this Article and Article 26, and consistent with
13the uniform system of discipline established by the board
14pursuant to Section 34-19.
15    7. To approve a school improvement plan developed as
16provided in Section 34-2.4. The process and schedule for plan
17development shall be publicized to the entire school community,
18and the community shall be afforded the opportunity to make
19recommendations concerning the plan. At least twice a year the
20principal and local school council shall report publicly on
21progress and problems with respect to plan implementation.
22    8. To evaluate the allocation of teaching resources and
23other certificated and uncertificated staff to the attendance
24center to determine whether such allocation is consistent with
25and in furtherance of instructional objectives and school
26programs reflective of the school improvement plan adopted for

 

 

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1the attendance center; and to make recommendations to the
2board, the general superintendent and the principal concerning
3any reallocation of teaching resources or other staff whenever
4the council determines that any such reallocation is
5appropriate because the qualifications of any existing staff at
6the attendance center do not adequately match or support
7instructional objectives or school programs which reflect the
8school improvement plan.
9    9. To make recommendations to the principal and the general
10superintendent concerning their respective appointments, after
11August 31, 1989, and in the manner provided by Section 34-8 and
12Section 34-8.1, of persons to fill any vacant, additional or
13newly created positions for teachers at the attendance center
14or at attendance centers which include the attendance center
15served by the local school council.
16    10. To request of the Board the manner in which training
17and assistance shall be provided to the local school council.
18Pursuant to Board guidelines a local school council is
19authorized to direct the Board of Education to contract with
20personnel or not-for-profit organizations not associated with
21the school district to train or assist council members. If
22training or assistance is provided by contract with personnel
23or organizations not associated with the school district, the
24period of training or assistance shall not exceed 30 hours
25during a given school year; person shall not be employed on a
26continuous basis longer than said period and shall not have

 

 

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1been employed by the Chicago Board of Education within the
2preceding six months. Council members shall receive training in
3at least the following areas:
4        1. school budgets;
5        2. educational theory pertinent to the attendance
6    center's particular needs, including the development of
7    the school improvement plan and the principal's
8    performance contract; and
9        3. personnel selection.
10Council members shall, to the greatest extent possible,
11complete such training within 90 days of election.
12    11. In accordance with systemwide guidelines contained in
13the System-Wide Educational Reform Goals and Objectives Plan,
14criteria for evaluation of performance shall be established for
15local school councils and local school council members. If a
16local school council persists in noncompliance with systemwide
17requirements, the Board may impose sanctions and take necessary
18corrective action, consistent with Section 34-8.3. Any such
19action allowed for or taken pursuant to subsection (d) of
20Section 34-8.3 or Section 34-8.4 of this Code must be vetoed by
21a supermajority of 8 of the voting members of the local school
22council.
23    12. Each local school council shall comply with the Open
24Meetings Act and the Freedom of Information Act. Each local
25school council shall issue and transmit to its school community
26a detailed annual report accounting for its activities

 

 

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1programmatically and financially. Each local school council
2shall convene at least 2 well-publicized meetings annually with
3its entire school community. These meetings shall include
4presentation of the proposed local school improvement plan, of
5the proposed school expenditure plan, and the annual report,
6and shall provide an opportunity for public comment.
7    13. Each local school council is encouraged to involve
8additional non-voting members of the school community in
9facilitating the council's exercise of its responsibilities.
10    14. The local school council may adopt a school uniform or
11dress code policy that governs the attendance center and that
12is necessary to maintain the orderly process of a school
13function or prevent endangerment of student health or safety,
14consistent with the policies and rules of the Board of
15Education. A school uniform or dress code policy adopted by a
16local school council: (i) shall not be applied in such manner
17as to discipline or deny attendance to a transfer student or
18any other student for noncompliance with that policy during
19such period of time as is reasonably necessary to enable the
20student to acquire a school uniform or otherwise comply with
21the dress code policy that is in effect at the attendance
22center into which the student's enrollment is transferred; and
23(ii) shall include criteria and procedures under which the
24local school council will accommodate the needs of or otherwise
25provide appropriate resources to assist a student from an
26indigent family in complying with an applicable school uniform

 

 

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1or dress code policy. A student whose parents or legal
2guardians object on religious grounds to the student's
3compliance with an applicable school uniform or dress code
4policy shall not be required to comply with that policy if the
5student's parents or legal guardians present to the local
6school council a signed statement of objection detailing the
7grounds for the objection.
8    15. All decisions made and actions taken by the local
9school council in the exercise of its powers and duties shall
10comply with State and federal laws, all applicable collective
11bargaining agreements, court orders and rules properly
12promulgated by the Board.
13    15a. To grant, in accordance with board rules and policies,
14the use of assembly halls and classrooms when not otherwise
15needed, including lighting, heat, and attendants, for public
16lectures, concerts, and other educational and social
17activities.
18    15b. To approve, in accordance with board rules and
19policies, receipts and expenditures for all internal accounts
20of the attendance center, and to approve all fund-raising
21activities by nonschool organizations that use the school
22building.
23    16. (Blank).
24    17. Names and addresses of local school council members
25shall be a matter of public record.
26(Source: P.A. 100-465, eff. 8-31-17.)
 

 

 

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1    (105 ILCS 5/34-2.3b)
2    Sec. 34-2.3b. Local School Council Training.
3    (a) The LSC Certification Commission, an independent
4commission, is established to provide fundamental training to
5members of local school councils and certify each member. The
6LSC Certification Commission shall be comprised of
7representatives from the Chicago public school system and
8representatives from organizations that have provided training
9to local school council members on and after January 23, 2014.
10The board shall collaborate with universities and other
11interested entities and individuals to offer training to local
12school council members on topics relevant to school operations
13and their responsibilities as local school council members,
14including but not limited to legal requirements, role
15differentiation, responsibilities, and authorities, and
16improving student achievement.
17    (b) Training of local school council members shall be
18provided at the direction of the LSC Certification Commission,
19which shall work with universities and other interested
20entities to develop and administer a required 3-day training
21program for local school council members board in consultation
22with the Council of Chicago-area Deans of Education. Incoming
23local school council members shall be required to complete a
243-day training program provided under this Section within 6
25months of taking office. The LSC Certification Commission board

 

 

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1shall monitor the compliance of incoming local school council
2members with the 3-day training program requirement
3established by this Section.
4    (c) At the direction of the LSC Certification Commission,
5the The board shall declare vacant the office of a local school
6council member who fails to complete the 3-day training program
7provided under this Section within the 6 month period allowed.
8Any such vacancy shall be filled as provided in subsection (o)
9of Section 34-2.1 by appointment of another person qualified to
10hold the office. In addition to requiring local school council
11members to complete the 3-day training program under this
12Section, the board may encourage local school council members
13to complete additional training during their term of office and
14shall provide recognition for individuals completing that
15additional training. The board is authorized to collaborate
16with universities, non-profits, and other interested
17organizations and individuals to offer additional training to
18local school council members on a regular basis during their
19term in office. The board shall not be required to bear the
20cost of the required 3-day training program or any additional
21training provided to local school council members under this
22Section.
23    (d) The LSC Certification Commission board shall also offer
24training to aid local school councils in developing principal
25evaluation procedures and criteria. The board shall send out
26requests for proposals concerning this training and is

 

 

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1authorized to contract with universities, non-profits, and
2other interested organizations and individuals to provide this
3training. The board is authorized to use funds from private
4organizations, non-profits, or any other outside source as well
5as its own funds for this purpose.
6    (e) The LSC Certification Commission may request and, upon
7such request, the board of education shall budget and
8distribute such funds as are equal to the total allocations for
9the certification of local school council members under this
10Section in the year immediately prior. Upon a majority vote of
11the LSC Certification Commission, that request may exceed the
12prior year's allocations by 2%.
13(Source: P.A. 90-100, eff. 7-11-97; 91-622, eff. 8-19-99.)
 
14    (105 ILCS 5/34-2.4b)  (from Ch. 122, par. 34-2.4b)
15    Sec. 34-2.4b. Limitation upon applicability. The
16provisions of Sections 34-2.1, 34-2.2, 34-2.3, 34-2.3a, 34-2.4
17and 34-8.3, and those provisions of paragraph 1 of Section
1834-18 and paragraph (c) of Section 34A-201a relating to the
19allocation or application -- by formula or otherwise -- of lump
20sum amounts and other funds to attendance centers, shall not
21apply to attendance centers that have applied for and been
22designated as a "Small School" by the Board, the Cook County
23Juvenile Detention Center and Cook County Jail schools, nor to
24the district's alternative schools for pregnant girls, nor to
25alternative schools established under Article 13A, nor to a

 

 

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1contract school, nor to the Michael R. Durso School, the
2Jackson Adult Center, the Hillard Adult Center, the Alternative
3Transitional School, or any other attendance center designated
4by the Board as an alternative school, provided that the
5designation is not applied to an attendance center that has in
6place a legally constituted local school council, except for
7contract turnaround schools. The board of education shall have
8and exercise with respect to those schools and with respect to
9the conduct, operation, affairs and budgets of those schools,
10and with respect to the principals, teachers and other school
11staff there employed, the same powers which are exercisable by
12local school councils with respect to the other attendance
13centers, principals, teachers and school staff within the
14district, together with all powers and duties generally
15exercisable by the board of education with respect to all
16attendance centers within the district. The board of education
17shall develop appropriate alternative methods for involving
18parents, community members and school staff to the maximum
19extent possible in all of the activities of those schools, and
20may delegate to the parents, community members and school staff
21so involved the same powers which are exercisable by local
22school councils with respect to other attendance centers.
23(Source: P.A. 96-105, eff. 7-30-09.)
 
24    (105 ILCS 5/34-8.3)  (from Ch. 122, par. 34-8.3)
25    Sec. 34-8.3. Remediation and probation of attendance

 

 

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1centers.
2    (a) The general superintendent shall monitor the
3performance of the attendance centers within the district and
4shall identify attendance centers, pursuant to criteria that
5the board shall establish, in which:
6        (1) there is a failure to develop, implement, or comply
7    with a school improvement plan;
8        (2) there is a pervasive breakdown in the educational
9    program as indicated by factors, including, but not limited
10    to, the absence of improvement in student reading and math
11    achievement scores, an increased drop-out rate, a
12    decreased graduation rate, and a decrease in rate of
13    student attendance;
14        (3) (blank); or
15        (4) there is a failure or refusal to comply with the
16    provisions of this Act, other applicable laws, collective
17    bargaining agreements, court orders, or with Board rules
18    which the Board is authorized to promulgate.
19    (b) If the general superintendent identifies a
20nonperforming school as described herein, he or she shall place
21the attendance center on remediation by developing a
22remediation plan for the center. The purpose of the remediation
23plan shall be to correct the deficiencies in the performance of
24the attendance center by one or more of the following methods:
25        (1) drafting a new school improvement plan;
26        (2) applying to the board for additional funding for

 

 

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1    training for the local school council;
2        (3) directing implementation of a school improvement
3    plan;
4        (4) mediating disputes or other obstacles to reform or
5    improvement at the attendance center.
6    Nothing in this Section removes any authority of the local
7school council, which shall retain the right to reject or
8modify any school improvement plan or implementation thereof.
9    If, however, the general superintendent determines that
10the problems are not able to be remediated by these methods,
11the general superintendent shall place the attendance center on
12probation. The board shall establish guidelines that determine
13the factors for placing an attendance center on probation.
14    (c) Each school placed on probation shall have a school
15improvement plan and school budget for correcting deficiencies
16identified by the board. The plan shall include specific steps
17that the local school council and school staff must take to
18correct identified deficiencies and specific objective
19criteria by which the school's subsequent progress will be
20determined. The school budget shall include specific
21expenditures directly calculated to correct educational and
22operational deficiencies identified at the school by the
23probation team.
24    (d) Schools placed on probation that, after a maximum of
25one year, fail to make adequate progress in correcting
26deficiencies are subject to the following actions by the

 

 

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1general superintendent with the approval of the board, after
2opportunity for a hearing:
3        (1) Ordering new local school council elections.
4        (2) Removing and replacing the principal.
5        (3) Replacement of faculty members, subject to the
6    provisions of Section 24A-5.
7        (4) Reconstitution of the attendance center and
8    replacement and reassignment by the general superintendent
9    of all employees of the attendance center.
10        (5) Intervention under Section 34-8.4.
11        (5.5) Operating an attendance center as a contract
12    turnaround school.
13        (6) Closing of the school.
14Any action proposed or approved under this subsection (d) is
15subject to veto by a supermajority of 8 of the voting members
16of the local school council.
17    (e) Schools placed on probation shall remain on probation
18from year to year until deficiencies are corrected, even if
19such schools make acceptable annual progress. The board shall
20establish, in writing, criteria for determining whether or not
21a school shall remain on probation. Such criteria shall be
22delivered to each local school council on or before August 1 of
23each year. If academic achievement tests are used as the factor
24for placing a school on probation, the general superintendent
25shall consider objective criteria, not just an increase in test
26scores, in deciding whether or not a school shall remain on

 

 

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1probation. These criteria shall include attendance, test
2scores, student mobility rates, poverty rates, bilingual
3education eligibility, special education, and English language
4proficiency programs, with progress made in these areas being
5taken into consideration in deciding whether or not a school
6shall remain on probation.
7    (f) Where the board has reason to believe that violations
8of civil rights, or of civil or criminal law have occurred, or
9when the general superintendent deems that the school is in
10educational crisis it may take immediate corrective action,
11including the actions specified in this Section, without first
12placing the school on remediation or probation. Nothing
13described herein shall limit the authority of the board as
14provided by any law of this State. The board shall develop
15criteria governing the determination regarding when a school is
16in educational crisis. Such criteria shall be delivered to each
17local school council on or before August 1 of each year. An
18action under subsection (d) of this Section shall be subject to
19veto by a supermajority of 8 of the voting members of the local
20school council.
21    (g) All persons serving as subdistrict superintendent on
22May 1, 1995 shall be deemed by operation of law to be serving
23under a performance contract which expires on June 30, 1995,
24and the employment of each such person as subdistrict
25superintendent shall terminate on June 30, 1995. The board
26shall have no obligation to compensate any such person as a

 

 

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1subdistrict superintendent after June 30, 1995.
2    (h) The general superintendent shall, in consultation with
3local school councils, conduct an annual evaluation of each
4principal in the district pursuant to guidelines promulgated by
5the Board of Education.
6(Source: P.A. 96-105, eff. 7-30-09.)
 
7    (105 ILCS 5/34-8.4)
8    Sec. 34-8.4. Intervention. The Chicago Schools Academic
9Accountability Council may recommend to the Chicago School
10Reform Board of Trustees that any school placed on remediation
11or probation under Section 34-8.3 or schools that for the 3
12consecutive school years of 1992-1993, 1993-1994, and
131994-1995 have met the State Board of Education's category of
14"does not meet expectations" be made subject to intervention
15under this Section 34-8.4. In addition to any powers created
16under this Section, the Trustees shall have all powers created
17under Section 34-8.3 with respect to schools subjected to
18intervention.
19    Prior to subjecting a school to intervention, the Trustees
20shall conduct a public hearing and make findings of facts
21concerning the recommendation of the Chicago Schools Academic
22Accountability Council and the factors causing the failure of
23the school to adequately perform. The Trustees shall afford an
24opportunity at the hearing for interested persons to comment
25about the intervention recommendation. After the hearing has

 

 

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1been held and completion of findings of fact, the Trustees
2shall make a determination whether to subject the school to
3intervention.
4    If the Trustees determine that a school shall be subject to
5intervention under this Section, the Trustees shall develop an
6intervention implementation plan and shall cause a performance
7evaluation to be made of each employee at the school. Upon
8consideration of such evaluations, and consistent with the
9intervention implementation plan, the Trustees may reassign,
10layoff, or dismiss any employees at the attendance center,
11notwithstanding the provisions of Sections 24A-5 and 34-85.
12    The chief educational officer shall appoint a principal for
13the school and shall set the terms and conditions of the
14principal's contract, which in no case may be longer than 2
15years. The principal shall select all teachers and
16non-certified personnel for the school as may be necessary. Any
17provision of Section 34-8.1 that conflicts with this Section
18shall not apply to a school subjected to intervention under
19this Section.
20    If pursuant to this Section, the general superintendent,
21with the approval of the board, orders new local school council
22elections, the general superintendent shall carry out the
23responsibilities of the local school council for a school
24subject to intervention until the new local school council
25members are elected and trained.
26    Any action authorized by this Section must be vetoed by a

 

 

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1supermajority vote of 8 of the voting members of the local
2school council for the attendance center affected by the
3action.
4    Each school year, 5% of the supplemental general State aid
5funds distributed to a school subject to intervention during
6that school year under subsection 5(i)(1)(a) of part A of
7Section 18-8 or subsection (H) of Section 18-8.05 shall be used
8for employee performance incentives. The Trustees shall
9prepare a report evaluating the results of any interventions
10undertaken pursuant to this Section and shall make
11recommendations concerning implementation of special programs
12for dealing with underperforming schools on an ongoing basis.
13This report shall be submitted to the State Superintendent of
14Education and Mayor of the City of Chicago by January 1, 1999.
15(Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97;
1690-548, eff. 1-1-98.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.