Illinois General Assembly

Previous General Assemblies

Full Text of HB5328  98th General Assembly

HB5328 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5328

 

Introduced , by Rep. Elizabeth Hernandez

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the School Code. Requires the revised School Improvement Plan for a school that is initially placed on academic watch status after a fourth annual calculation or that remains on academic watch status after a fifth annual calculation to be approved by the school board and by the school's local school council, if applicable. 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 attendance center within the Chicago Public 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 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. Provides that the board of education shall provide $2,500 annually to each local school council for the purposes of training and to procure reasonable and necessary office equipment and supplies as each local school council sees fit. 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.


LRB098 18972 OMW 54120 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB5328LRB098 18972 OMW 54120 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
52-3.25d, 27A-5, 34-2.1, 34-2.2, 34-2.3, 34-2.3b, 34-2.4b,
634-8.3, and 34-8.4 as follows:
 
7    (105 ILCS 5/2-3.25d)  (from Ch. 122, par. 2-3.25d)
8    Sec. 2-3.25d. Academic early warning and watch status.
9    (a) Beginning with the 2005-2006 school year, unless the
10federal government formally disapproves of such policy through
11the submission and review process for the Illinois
12Accountability Workbook, those schools that do not meet
13adequate yearly progress criteria for 2 consecutive annual
14calculations in the same subject or in their participation
15rate, attendance rate, or graduation rate shall be placed on
16academic early warning status for the next school year. Schools
17on academic early warning status that do not meet adequate
18yearly progress criteria for a third annual calculation in the
19same subject or in their participation rate, attendance rate,
20or graduation rate shall remain on academic early warning
21status. Schools on academic early warning status that do not
22meet adequate yearly progress criteria for a fourth annual
23calculation in the same subject or in their participation rate,

 

 

HB5328- 2 -LRB098 18972 OMW 54120 b

1attendance rate, or graduation rate shall be placed on initial
2academic watch status. Schools on academic watch status that do
3not meet adequate yearly progress criteria for a fifth or
4subsequent annual calculation in the same subject or in their
5participation rate, attendance rate, or graduation rate shall
6remain on academic watch status. Schools on academic early
7warning or academic watch status that meet adequate yearly
8progress criteria for 2 consecutive calculations shall be
9considered as having met expectations and shall be removed from
10any status designation.
11    The school district of a school placed on either academic
12early warning status or academic watch status may appeal the
13status to the State Board of Education in accordance with
14Section 2-3.25m of this Code.
15    A school district that has one or more schools on academic
16early warning or academic watch status shall prepare a revised
17School Improvement Plan or amendments thereto setting forth the
18district's expectations for removing each school from academic
19early warning or academic watch status and for improving
20student performance in the affected school or schools.
21Districts operating under Article 34 of this Code may prepare
22the School Improvement Plan required under Section 34-2.4 of
23this Code.
24    The revised School Improvement Plan for a school that is
25initially placed on academic early warning status or that
26remains on academic early warning status after a third annual

 

 

HB5328- 3 -LRB098 18972 OMW 54120 b

1calculation must be approved by the school board (and by the
2school's local school council in a district operating under
3Article 34 of this Code, unless the school is on probation
4pursuant to subsection (c) of Section 34-8.3 of this Code).
5    The revised School Improvement Plan for a school that is
6initially placed on academic watch status after a fourth annual
7calculation must be approved by the school board (and by the
8school's local school council in a district operating under
9Article 34 of this Code, unless the school is on probation
10pursuant to subsection (c) of Section 34-8.3 of this Code).
11    The revised School Improvement Plan for a school that
12remains on academic watch status after a fifth annual
13calculation must be approved by the school board (and by the
14school's local school council in a district operating under
15Article 34 of this Code, unless the school is on probation
16pursuant to subsection (c) of Section 34-8.3 of this Code). In
17addition, the district must develop a school restructuring plan
18for the school that must be approved by the school board (and
19by the school's local school council in a district operating
20under Article 34 of this Code).
21    A school on academic watch status that does not meet
22adequate yearly progress criteria for a sixth annual
23calculation shall implement its approved school restructuring
24plan beginning with the next school year, subject to the State
25interventions specified in Section 2-3.25f of this Code.
26    (b) Beginning with the 2005-2006 school year, unless the

 

 

HB5328- 4 -LRB098 18972 OMW 54120 b

1federal government formally disapproves of such policy through
2the submission and review process for the Illinois
3Accountability Workbook, those school districts that do not
4meet adequate yearly progress criteria for 2 consecutive annual
5calculations in the same subject or in their participation
6rate, attendance rate, or graduation rate shall be placed on
7academic early warning status for the next school year.
8Districts on academic early warning status that do not meet
9adequate yearly progress criteria for a third annual
10calculation in the same subject or in their participation rate,
11attendance rate, or graduation rate shall remain on academic
12early warning status. Districts on academic early warning
13status that do not meet adequate yearly progress criteria for a
14fourth annual calculation in the same subject or in their
15participation rate, attendance rate, or graduation rate shall
16be placed on initial academic watch status. Districts on
17academic watch status that do not meet adequate yearly progress
18criteria for a fifth or subsequent annual calculation in the
19same subject or in their participation rate, attendance rate,
20or graduation rate shall remain on academic watch status.
21Districts on academic early warning or academic watch status
22that meet adequate yearly progress criteria for one annual
23calculation shall be considered as having met expectations and
24shall be removed from any status designation.
25    A district placed on either academic early warning status
26or academic watch status may appeal the status to the State

 

 

HB5328- 5 -LRB098 18972 OMW 54120 b

1Board of Education in accordance with Section 2-3.25m of this
2Code.
3    Districts on academic early warning or academic watch
4status shall prepare a District Improvement Plan or amendments
5thereto setting forth the district's expectations for removing
6the district from academic early warning or academic watch
7status and for improving student performance in the district.
8    All District Improvement Plans must be approved by the
9school board.
10    (c) All revised School and District Improvement Plans shall
11be developed in collaboration with parents, staff in the
12affected school or school district, and outside experts. All
13revised School and District Improvement Plans shall be
14developed, submitted, and monitored pursuant to rules adopted
15by the State Board of Education. The revised Improvement Plan
16shall address measurable outcomes for improving student
17performance so that such performance meets adequate yearly
18progress criteria as specified by the State Board of Education.
19All school districts required to revise a School Improvement
20Plan in accordance with this Section shall establish a peer
21review process for the evaluation of School Improvement Plans.
22    (d) All federal requirements apply to schools and school
23districts utilizing federal funds under Title I, Part A of the
24federal Elementary and Secondary Education Act of 1965.
25    (e) The State Board of Education, from any moneys it may
26have available for this purpose, must implement and administer

 

 

HB5328- 6 -LRB098 18972 OMW 54120 b

1a grant program that provides 2-year grants to school districts
2on the academic watch list and other school districts that have
3the lowest achieving students, as determined by the State Board
4of Education, to be used to improve student achievement. In
5order to receive a grant under this program, a school district
6must establish an accountability program. The accountability
7program must involve the use of statewide testing standards and
8local evaluation measures. A grant shall be automatically
9renewed when achievement goals are met. The Board may adopt any
10rules necessary to implement and administer this grant program.
11(Source: P.A. 96-734, eff. 8-25-09.)
 
12    (105 ILCS 5/27A-5)
13    Sec. 27A-5. Charter school; legal entity; requirements.
14    (a) A charter school shall be a public, nonsectarian,
15nonreligious, non-home based, and non-profit school. A charter
16school shall be organized and operated as a nonprofit
17corporation or other discrete, legal, nonprofit entity
18authorized under the laws of the State of Illinois.
19    (b) A charter school may be established under this Article
20by creating a new school or by converting an existing public
21school or attendance center to charter school status. Beginning
22on the effective date of this amendatory Act of the 93rd
23General Assembly, in all new applications submitted to the
24State Board or a local school board to establish a charter
25school in a city having a population exceeding 500,000,

 

 

HB5328- 7 -LRB098 18972 OMW 54120 b

1operation of the charter school shall be limited to one campus.
2The changes made to this Section by this amendatory Act of the
393rd General Assembly do not apply to charter schools existing
4or approved on or before the effective date of this amendatory
5Act.
6    (b-5) In this subsection (b-5), "virtual-schooling" means
7the teaching of courses through online methods with online
8instructors, rather than the instructor and student being at
9the same physical location. "Virtual-schooling" includes
10without limitation instruction provided by full-time, online
11virtual schools.
12    From April 1, 2013 through April 1, 2014, there is a
13moratorium on the establishment of charter schools with
14virtual-schooling components in school districts other than a
15school district organized under Article 34 of this Code. This
16moratorium does not apply to a charter school with
17virtual-schooling components existing or approved prior to
18April 1, 2013 or to the renewal of the charter of a charter
19school with virtual-schooling components already approved
20prior to April 1, 2013.
21    On or before March 1, 2014, the Commission shall submit to
22the General Assembly a report on the effect of
23virtual-schooling, including without limitation the effect on
24student performance, the costs associated with
25virtual-schooling, and issues with oversight. The report shall
26include policy recommendations for virtual-schooling.

 

 

HB5328- 8 -LRB098 18972 OMW 54120 b

1    (c) A charter school shall be administered and governed by
2its board of directors or other governing body in the manner
3provided in its charter. The governing body of a charter school
4shall be subject to the Freedom of Information Act and the Open
5Meetings Act. Any charter school operating within a school
6district organized under Article 34 of this Code shall be
7administered by a local school council established pursuant to
8Section 34-2.1 of this Code, with all the normal and usual
9powers afforded to a local school council operating in a public
10school.
11    (d) A charter school shall comply with all applicable
12health and safety requirements applicable to public schools
13under the laws of the State of Illinois.
14    (e) Except as otherwise provided in the School Code, a
15charter school shall not charge tuition; provided that a
16charter school may charge reasonable fees for textbooks,
17instructional materials, and student activities.
18    (f) A charter school shall be responsible for the
19management and operation of its fiscal affairs including, but
20not limited to, the preparation of its budget. An audit of each
21charter school's finances shall be conducted annually by an
22outside, independent contractor retained by the charter
23school. Annually, by December 1, every charter school must
24submit to the State Board a copy of its audit and a copy of the
25Form 990 the charter school filed that year with the federal
26Internal Revenue Service.

 

 

HB5328- 9 -LRB098 18972 OMW 54120 b

1    (g) A charter school shall comply with all provisions of
2this Article, the Illinois Educational Labor Relations Act, and
3its charter. A charter school is exempt from all other State
4laws and regulations in the School Code governing public
5schools and local school board policies, except the following:
6        (1) Sections 10-21.9 and 34-18.5 of the School Code
7    regarding criminal history records checks and checks of the
8    Statewide Sex Offender Database and Statewide Murderer and
9    Violent Offender Against Youth Database of applicants for
10    employment;
11        (2) Sections 24-24 and 34-84A of the School Code
12    regarding discipline of students;
13        (3) The Local Governmental and Governmental Employees
14    Tort Immunity Act;
15        (4) Section 108.75 of the General Not For Profit
16    Corporation Act of 1986 regarding indemnification of
17    officers, directors, employees, and agents;
18        (5) The Abused and Neglected Child Reporting Act;
19        (6) The Illinois School Student Records Act;
20        (7) Section 10-17a of the School Code regarding school
21    report cards; and
22        (8) The P-20 Longitudinal Education Data System Act.
23    The change made by Public Act 96-104 to this subsection (g)
24is declaratory of existing law.
25    (h) A charter school may negotiate and contract with a
26school district, the governing body of a State college or

 

 

HB5328- 10 -LRB098 18972 OMW 54120 b

1university or public community college, or any other public or
2for-profit or nonprofit private entity for: (i) the use of a
3school building and grounds or any other real property or
4facilities that the charter school desires to use or convert
5for use as a charter school site, (ii) the operation and
6maintenance thereof, and (iii) the provision of any service,
7activity, or undertaking that the charter school is required to
8perform in order to carry out the terms of its charter.
9However, a charter school that is established on or after the
10effective date of this amendatory Act of the 93rd General
11Assembly and that operates in a city having a population
12exceeding 500,000 may not contract with a for-profit entity to
13manage or operate the school during the period that commences
14on the effective date of this amendatory Act of the 93rd
15General Assembly and concludes at the end of the 2004-2005
16school year. Except as provided in subsection (i) of this
17Section, a school district may charge a charter school
18reasonable rent for the use of the district's buildings,
19grounds, and facilities. Any services for which a charter
20school contracts with a school district shall be provided by
21the district at cost. Any services for which a charter school
22contracts with a local school board or with the governing body
23of a State college or university or public community college
24shall be provided by the public entity at cost.
25    (i) In no event shall a charter school that is established
26by converting an existing school or attendance center to

 

 

HB5328- 11 -LRB098 18972 OMW 54120 b

1charter school status be required to pay rent for space that is
2deemed available, as negotiated and provided in the charter
3agreement, in school district facilities. However, all other
4costs for the operation and maintenance of school district
5facilities that are used by the charter school shall be subject
6to negotiation between the charter school and the local school
7board and shall be set forth in the charter.
8    (j) A charter school may limit student enrollment by age or
9grade level.
10    (k) If the charter school is approved by the Commission,
11then the Commission charter school is its own local education
12agency.
13(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12;
1497-813, eff. 7-13-12; 98-16, eff. 5-24-13.)
 
15    (105 ILCS 5/34-2.1)  (from Ch. 122, par. 34-2.1)
16    Sec. 34-2.1. Local School Councils - Composition -
17Voter-Eligibility - Elections - Terms.
18    (a) Notwithstanding any other provision of law, a A local
19school council shall be established for each attendance center
20within the school district, except for private schools. Each
21local school council shall consist of the following 12 voting
22members: the principal of the attendance center, 2 teachers
23employed and assigned to perform the majority of their
24employment duties at the attendance center, 6 parents of
25students currently enrolled at the attendance center, one

 

 

HB5328- 12 -LRB098 18972 OMW 54120 b

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

 

 

HB5328- 13 -LRB098 18972 OMW 54120 b

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

 

 

HB5328- 14 -LRB098 18972 OMW 54120 b

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

 

 

HB5328- 15 -LRB098 18972 OMW 54120 b

1    centers enrolling students in 7th or 8th grade, the voting
2    student member shall be appointed as provided in subsection
3    (m) below to serve for a one-year term coinciding with the
4    beginning of the terms of the elected parent and community
5    members of the local school council.
6    (e) The Council shall publicize the date and place of the
7election by posting notices at the attendance center, in public
8places within the attendance boundaries of the attendance
9center and by distributing notices to the pupils at the
10attendance center, and shall utilize such other means as it
11deems necessary to maximize the involvement of all eligible
12voters.
13    (f) Nomination. The Council shall publicize the opening of
14nominations by posting notices at the attendance center, in
15public places within the attendance boundaries of the
16attendance center and by distributing notices to the pupils at
17the attendance center, and shall utilize such other means as it
18deems necessary to maximize the involvement of all eligible
19voters. Not less than 2 weeks before the election date, persons
20eligible to run for the Council shall submit their name, date
21of birth, social security number, if available, and some
22evidence of eligibility to the Council. The Council shall
23encourage nomination of candidates reflecting the
24racial/ethnic population of the students at the attendance
25center. Each person nominated who runs as a candidate shall
26disclose, in a manner determined by the Board, any economic

 

 

HB5328- 16 -LRB098 18972 OMW 54120 b

1interest held by such person, by such person's spouse or
2children, or by each business entity in which such person has
3an ownership interest, in any contract with the Board, any
4local school council or any public school in the school
5district. Each person nominated who runs as a candidate shall
6also disclose, in a manner determined by the Board, if he or
7she ever has been convicted of any of the offenses specified in
8subsection (c) of Section 34-18.5; provided that neither this
9provision nor any other provision of this Section shall be
10deemed to require the disclosure of any information that is
11contained in any law enforcement record or juvenile court
12record that is confidential or whose accessibility or
13disclosure is restricted or prohibited under Section 5-901 or
145-905 of the Juvenile Court Act of 1987. Failure to make such
15disclosure shall render a person ineligible for election or to
16serve on the local school council. The same disclosure shall be
17required of persons under consideration for appointment to the
18Council pursuant to subsections (l) and (m) of this Section.
19    (f-5) Notwithstanding disclosure, a person who has been
20convicted of any of the following offenses at any time shall be
21ineligible for election or appointment to a local school
22council and ineligible for appointment to a local school
23council pursuant to subsections (l) and (m) of this Section:
24(i) those defined in Section 11-1.20, 11-1.30, 11-1.40,
2511-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16, 11-17.1,
2611-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,

 

 

HB5328- 17 -LRB098 18972 OMW 54120 b

112-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2) of
2Section 11-14.3, of the Criminal Code of 1961 or the Criminal
3Code of 2012, or (ii) any offense committed or attempted in any
4other state or against the laws of the United States, which, if
5committed or attempted in this State, would have been
6punishable as one or more of the foregoing offenses.
7Notwithstanding disclosure, a person who has been convicted of
8any of the following offenses within the 10 years previous to
9the date of nomination or appointment shall be ineligible for
10election or appointment to a local school council: (i) those
11defined in Section 401.1, 405.1, or 405.2 of the Illinois
12Controlled Substances Act or (ii) any offense committed or
13attempted in any other state or against the laws of the United
14States, which, if committed or attempted in this State, would
15have been punishable as one or more of the foregoing offenses.
16    Immediately upon election or appointment, incoming local
17school council members shall be required to undergo a criminal
18background investigation, to be completed prior to the member
19taking office, in order to identify any criminal convictions
20under the offenses enumerated in Section 34-18.5. The
21investigation shall be conducted by the Department of State
22Police in the same manner as provided for in Section 34-18.5.
23However, notwithstanding Section 34-18.5, the social security
24number shall be provided only if available. If it is determined
25at any time that a local school council member or member-elect
26has been convicted of any of the offenses enumerated in this

 

 

HB5328- 18 -LRB098 18972 OMW 54120 b

1Section or failed to disclose a conviction of any of the
2offenses enumerated in Section 34-18.5, the general
3superintendent shall notify the local school council member or
4member-elect of such determination and the local school council
5member or member-elect shall be removed from the local school
6council by the Board, subject to a hearing, convened pursuant
7to Board rule, prior to removal.
8    (g) At least one week before the election date, the Council
9shall publicize, in the manner provided in subsection (e), the
10names of persons nominated for election.
11    (h) Voting shall be in person by secret ballot at the
12attendance center between the hours of 6:00 a.m. and 7:00 p.m.
13    (i) Candidates receiving the highest number of votes shall
14be declared elected by the Council. In cases of a tie, the
15Council shall determine the winner by lot.
16    (j) The Council shall certify the results of the election
17and shall publish the results in the minutes of the Council.
18    (k) The general superintendent shall resolve any disputes
19concerning election procedure or results and shall ensure that,
20except as provided in subsections (e) and (g), no resources of
21any attendance center shall be used to endorse or promote any
22candidate.
23    (l) Beginning with the 1995-1996 school year and in every
24even numbered year thereafter, the Board shall appoint 2
25teacher members to each local school council. These
26appointments shall be made in the following manner:

 

 

HB5328- 19 -LRB098 18972 OMW 54120 b

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

 

 

HB5328- 20 -LRB098 18972 OMW 54120 b

1    teacher representative to serve on the local school council
2    until such time as the teacher member originally appointed
3    pursuant to this subsection (l) resumes service at the
4    attendance center or for the remainder of the term. The
5    replacement teacher representative shall be appointed in
6    the same manner and by the same procedures as teacher
7    representatives are appointed in subdivisions (i) and (ii)
8    of this subsection (l).
9    (m) Beginning with the 1995-1996 school year, and in every
10year thereafter, the Board shall appoint one student member to
11each secondary attendance center and attendance center
12enrolling students in 7th or 8th grade, although no attendance
13center shall have more than one student member. These
14appointments shall be made in the following manner:
15        (i) Appointments shall be made from among those
16    students who submit statements of candidacy to the
17    principal of the attendance center, such statements to be
18    submitted commencing on the first day of the twentieth week
19    of school and continuing for 2 weeks thereafter. The form
20    and manner of such candidacy statements shall be determined
21    by the Board.
22        (ii) During the twenty-second week of school in every
23    year, the principal of each attendance center shall conduct
24    a non-binding, advisory poll to ascertain the preferences
25    of the school students regarding the appointment of a
26    student to the local school council for that attendance

 

 

HB5328- 21 -LRB098 18972 OMW 54120 b

1    center. At such poll, each student shall be entitled to
2    indicate his or her preference for up to one candidate from
3    among those who submitted statements of candidacy as
4    described above. The Board shall promulgate rules to ensure
5    that these non-binding, advisory polls are conducted in a
6    fair and equitable manner and maximize the involvement of
7    all school students. The preferences expressed in these
8    non-binding, advisory polls shall be transmitted by the
9    principal to the Board. However, these preferences shall be
10    advisory only and the Board shall maintain absolute
11    discretion to appoint student members to local school
12    councils, irrespective of the preferences expressed in any
13    such poll.
14        (iii) For the 1995-96 school year only, appointments
15    shall be made from among those students who submitted
16    statements of candidacy to the principal of the attendance
17    center during the first 2 weeks of the school year. The
18    principal shall communicate the results of any nonbinding,
19    advisory poll to the Board. These results shall be advisory
20    only, and the Board shall maintain absolute discretion to
21    appoint student members to local school councils,
22    irrespective of the preferences expressed in any such poll.
23    (n) The Board may promulgate such other rules and
24regulations for election procedures as may be deemed necessary
25to ensure fair elections.
26    (o) In the event that a vacancy occurs during a member's

 

 

HB5328- 22 -LRB098 18972 OMW 54120 b

1term, the Council shall appoint a person eligible to serve on
2the Council, to fill the unexpired term created by the vacancy,
3except that any teacher vacancy shall be filled by the Board
4after considering the preferences of the school staff as
5ascertained through a non-binding advisory poll of school
6staff.
7    (p) If less than the specified number of persons is elected
8within each candidate category, the newly elected local school
9council shall appoint eligible persons to serve as members of
10the Council for two-year terms.
11    (q) The Board shall promulgate rules regarding conflicts of
12interest and disclosure of economic interests which shall apply
13to local school council members and which shall require reports
14or statements to be filed by Council members at regular
15intervals with the Secretary of the Board. Failure to comply
16with such rules or intentionally falsifying such reports shall
17be grounds for disqualification from local school council
18membership. A vacancy on the Council for disqualification may
19be so declared by the Secretary of the Board. Rules regarding
20conflicts of interest and disclosure of economic interests
21promulgated by the Board shall apply to local school council
22members. No less than 45 days prior to the deadline, the
23general superintendent shall provide notice, by mail, to each
24local school council member of all requirements and forms for
25compliance with economic interest statements.
26    (r) (1) If a parent member of a local school council ceases

 

 

HB5328- 23 -LRB098 18972 OMW 54120 b

1to have any child enrolled in the attendance center governed by
2the Local School Council due to the graduation or voluntary
3transfer of a child or children from the attendance center, the
4parent's membership on the Local School Council and all voting
5rights are terminated immediately as of the date of the child's
6graduation or voluntary transfer. If the child of a parent
7member of a local school council dies during the member's term
8in office, the member may continue to serve on the local school
9council for the balance of his or her term. Further, a local
10school council member may be removed from the Council by a
11majority vote of the Council as provided in subsection (c) of
12Section 34-2.2 if the Council member has missed 3 consecutive
13regular meetings, not including committee meetings, or 5
14regular meetings in a 12 month period, not including committee
15meetings. If a parent member of a local school council ceases
16to be eligible to serve on the Council for any other reason, he
17or she shall be removed by the Board subject to a hearing,
18convened pursuant to Board rule, prior to removal. A vote to
19remove a Council member by the local school council shall only
20be valid if the Council member has been notified personally or
21by certified mail, mailed to the person's last known address,
22of the Council's intent to vote on the Council member's removal
23at least 7 days prior to the vote. The Council member in
24question shall have the right to explain his or her actions and
25shall be eligible to vote on the question of his or her removal
26from the Council. The provisions of this subsection shall be

 

 

HB5328- 24 -LRB098 18972 OMW 54120 b

1contained within the petitions used to nominate Council
2candidates.
3    (2) A person may continue to serve as a community resident
4member of a local school council as long as he or she resides
5in the attendance area served by the school and is not employed
6by the Board nor is a parent of a student enrolled at the
7school. If a community resident member ceases to be eligible to
8serve on the Council, he or she shall be removed by the Board
9subject to a hearing, convened pursuant to Board rule, prior to
10removal.
11    (3) A person may continue to serve as a teacher member of a
12local school council as long as he or she is employed and
13assigned to perform a majority of his or her duties at the
14school, provided that if the teacher representative resigns
15from employment with the Board or voluntarily transfers to
16another school, the teacher's membership on the local school
17council and all voting rights are terminated immediately as of
18the date of the teacher's resignation or upon the date of the
19teacher's voluntary transfer to another school. If a teacher
20member of a local school council ceases to be eligible to serve
21on a local school council for any other reason, that member
22shall be removed by the Board subject to a hearing, convened
23pursuant to Board rule, prior to removal.
24(Source: P.A. 96-1412, eff. 1-1-11; 96-1551, eff. 7-1-11;
2597-1150, eff. 1-25-13.)
 

 

 

HB5328- 25 -LRB098 18972 OMW 54120 b

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
26expenses incurred in the performance of their duties, except

 

 

HB5328- 26 -LRB098 18972 OMW 54120 b

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

 

 

HB5328- 27 -LRB098 18972 OMW 54120 b

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

 

 

HB5328- 28 -LRB098 18972 OMW 54120 b

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

 

 

HB5328- 29 -LRB098 18972 OMW 54120 b

1    (C) to directly select, in the manner provided by
2subsection (c) of Section 34-2.2, a new principal (including a
3new principal to fill a vacancy) -- without submitting any list
4of candidates for that position to the general superintendent
5as provided in paragraph 2 of this Section -- to serve under a
64 year performance contract; provided that (i) the
7determination of whether the principal's performance contract
8is to be renewed, based upon the evaluation required by
9subdivision 1.5 of this Section, shall be made no later than
10150 days prior to the expiration of the current
11performance-based contract of the principal, (ii) in cases
12where such performance contract is not renewed -- a direct
13selection of a new principal -- to serve under a 4 year
14performance contract shall be made by the local school council
15no later than 45 days prior to the expiration of the current
16performance contract of the principal, and (iii) a selection by
17the local school council of a new principal to fill a vacancy
18under a 4 year performance contract shall be made within 90
19days after the date such vacancy occurs. A Council shall be
20required, if requested by the principal, to provide in writing
21the reasons for the council's not renewing the principal's
22contract.
23    1.5. The local school council's determination of whether to
24renew the principal's contract shall be based on an evaluation
25to assess the educational and administrative progress made at
26the school during the principal's current performance-based

 

 

HB5328- 30 -LRB098 18972 OMW 54120 b

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

 

 

HB5328- 31 -LRB098 18972 OMW 54120 b

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

 

 

HB5328- 32 -LRB098 18972 OMW 54120 b

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

 

 

HB5328- 33 -LRB098 18972 OMW 54120 b

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

 

 

HB5328- 34 -LRB098 18972 OMW 54120 b

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

 

 

HB5328- 35 -LRB098 18972 OMW 54120 b

1or selected to serve as principal of an attendance center (i)
2if such person has been removed for cause from employment by
3the Board or (ii) if such person does not hold a valid
4administrative certificate issued or exchanged under Article
521 and endorsed as required by that Article for the position of
6principal. A principal whose performance contract is not
7renewed as provided under subsection (c) of Section 34-2.2 may
8nevertheless, if otherwise qualified and certified as herein
9provided and if he or she has received a satisfactory rating as
10provided in subsection (h) of Section 34-8.3, be included by a
11local school council as one of the 3 candidates listed in order
12of preference on any candidate list from which one person is to
13be selected to serve as principal of the attendance center
14under a new performance contract. The initial candidate list
15required to be submitted by a local school council to the
16general superintendent in cases where the local school council
17does not renew the performance contract of its principal and
18does not directly select a new principal to serve under a 4
19year performance contract shall be submitted not later than 30
20days prior to the expiration of the current performance
21contract. In cases where the local school council fails or
22refuses to submit the candidate list to the general
23superintendent no later than 30 days prior to the expiration of
24the incumbent principal's contract, the general superintendent
25may appoint a principal on an interim basis for a period not to
26exceed one year, during which time the local school council

 

 

HB5328- 36 -LRB098 18972 OMW 54120 b

1shall be able to select a new principal with 7 affirmative
2votes as provided in subsection (c) of Section 34-2.2. In cases
3where a principal is removed for cause or a vacancy otherwise
4occurs in the position of principal and the vacancy is not
5filled by direct selection by the local school council, the
6candidate list shall be submitted by the local school council
7to the general superintendent within 90 days after the date
8such removal or vacancy occurs. In cases where the local school
9council fails or refuses to submit the candidate list to the
10general superintendent within 90 days after the date of the
11vacancy, the general superintendent may appoint a principal on
12an interim basis for a period of one year, during which time
13the local school council shall be able to select a new
14principal with 7 affirmative votes as provided in subsection
15(c) of Section 34-2.2.
16    2.5. Whenever a vacancy in the office of a principal occurs
17for any reason, the vacancy shall be filled in the manner
18provided by this Section by the selection of a new principal to
19serve under a 4 year performance contract.
20    3. To establish additional criteria to be included as part
21of the performance contract of its principal, provided that
22such additional criteria shall not discriminate on the basis of
23race, sex, creed, color or disability unrelated to ability to
24perform, and shall not be inconsistent with the uniform 4 year
25performance contract for principals developed by the board as
26provided in Section 34-8.1 of the School Code or with other

 

 

HB5328- 37 -LRB098 18972 OMW 54120 b

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

 

 

HB5328- 38 -LRB098 18972 OMW 54120 b

1subsequent planning and programming will account for these
2provisions.
3    Beginning in fiscal year 1991 and in each fiscal year
4thereafter, from other amounts available in the applicable
5fiscal year budget, the board shall allocate a lump sum amount
6to each local school based upon such formula as the board shall
7determine taking into account the special needs of the student
8body. The local school principal shall develop an expenditure
9plan in consultation with the local school council, the
10professional personnel leadership committee and with all other
11school personnel, which reflects the priorities and activities
12as described in the school's local school improvement plan and
13is consistent with applicable law and collective bargaining
14agreements and with board policies and standards; however, the
15local school council shall have the right to request waivers of
16board policy from the board of education and waivers of
17employee collective bargaining agreements pursuant to Section
1834-8.1a.
19    The expenditure plan developed by the principal with
20respect to amounts available from the fund for prioritized
21special needs programs and the allocated lump sum amount must
22be approved by the local school council.
23    The lump sum allocation shall take into account the
24following principles:
25        a. Teachers: Each school shall be allocated funds equal
26    to the amount appropriated in the previous school year for

 

 

HB5328- 39 -LRB098 18972 OMW 54120 b

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

 

 

HB5328- 40 -LRB098 18972 OMW 54120 b

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

 

 

HB5328- 41 -LRB098 18972 OMW 54120 b

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

 

 

HB5328- 42 -LRB098 18972 OMW 54120 b

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

 

 

HB5328- 43 -LRB098 18972 OMW 54120 b

1preceding six months. Council members shall receive training in
2at least the following areas:
3        1. school budgets;
4        2. educational theory pertinent to the attendance
5    center's particular needs, including the development of
6    the school improvement plan and the principal's
7    performance contract; and
8        3. personnel selection.
9Council members shall, to the greatest extent possible,
10complete such training within 90 days of election.
11    To assist the local school councils, the board of education
12shall provide $2,500 annually to each local school council for
13the purposes of training and to procure reasonable and
14necessary office equipment and supplies as each local school
15council sees fit.
16    11. In accordance with systemwide guidelines contained in
17the System-Wide Educational Reform Goals and Objectives Plan,
18criteria for evaluation of performance shall be established for
19local school councils and local school council members. If a
20local school council persists in noncompliance with systemwide
21requirements, the Board may impose sanctions and take necessary
22corrective action, consistent with Section 34-8.3. Any such
23action allowed for or taken pursuant to subsection (d) of
24Section 34-8.3 or Section 34-8.4 of this Code must be vetoed by
25a supermajority of 8 of the voting members of the local school
26council.

 

 

HB5328- 44 -LRB098 18972 OMW 54120 b

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

 

 

HB5328- 45 -LRB098 18972 OMW 54120 b

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

 

 

HB5328- 46 -LRB098 18972 OMW 54120 b

1    16. (Blank).
2    17. Names and addresses of local school council members
3shall be a matter of public record.
4(Source: P.A. 96-1403, eff. 7-29-10.)
 
5    (105 ILCS 5/34-2.3b)
6    Sec. 34-2.3b. Local School Council Training.
7    (a) The LSC Certification Commission, an independent
8commission, is established to provide fundamental training to
9members of local school councils and certify each member. The
10LSC Certification Commission shall be comprised of
11representatives from the Chicago public school system and
12representatives from organizations that have provided training
13to local school council members on and after January 23, 2014.
14The board shall collaborate with universities and other
15interested entities and individuals to offer training to local
16school council members on topics relevant to school operations
17and their responsibilities as local school council members,
18including but not limited to legal requirements, role
19differentiation, responsibilities, and authorities, and
20improving student achievement.
21    (b) Training of local school council members shall be
22provided at the direction of the LSC Certification Commission,
23which shall work with universities and other interested
24entities to develop and administer a required 3-day training
25program for local school council members board in consultation

 

 

HB5328- 47 -LRB098 18972 OMW 54120 b

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

 

 

HB5328- 48 -LRB098 18972 OMW 54120 b

1    (d) The LSC Certification Commission board shall also offer
2training to aid local school councils in developing principal
3evaluation procedures and criteria. The board shall send out
4requests for proposals concerning this training and is
5authorized to contract with universities, non-profits, and
6other interested organizations and individuals to provide this
7training. The board is authorized to use funds from private
8organizations, non-profits, or any other outside source as well
9as its own funds for this purpose.
10    (e) The LSC Certification Commission may request and, upon
11such request, the board of education shall budget and
12distribute such funds as are equal to the total allocations for
13the certification of local school council members under this
14Section in the year immediately prior. Upon a majority vote of
15the LSC Certification Commission, that request may exceed the
16prior year's allocations by 2%.
17(Source: P.A. 90-100, eff. 7-11-97; 91-622, eff. 8-19-99.)
 
18    (105 ILCS 5/34-2.4b)  (from Ch. 122, par. 34-2.4b)
19    Sec. 34-2.4b. Limitation upon applicability. The
20provisions of Sections 34-2.1, 34-2.2, 34-2.3, 34-2.3a, 34-2.4
21and 34-8.3, and those provisions of paragraph 1 of Section
2234-18 and paragraph (c) of Section 34A-201a relating to the
23allocation or application -- by formula or otherwise -- of lump
24sum amounts and other funds to attendance centers, shall not
25apply to attendance centers that have applied for and been

 

 

HB5328- 49 -LRB098 18972 OMW 54120 b

1designated as a "Small School" by the Board, the Cook County
2Juvenile Detention Center and Cook County Jail schools, nor to
3the district's alternative schools for pregnant girls, nor to
4alternative schools established under Article 13A, nor to a
5contract school, nor to the Michael R. Durso School, the
6Jackson Adult Center, the Hillard Adult Center, the Alternative
7Transitional School, or any other attendance center designated
8by the Board as an alternative school, provided that the
9designation is not applied to an attendance center that has in
10place a legally constituted local school council, except for
11contract turnaround schools. The board of education shall have
12and exercise with respect to those schools and with respect to
13the conduct, operation, affairs and budgets of those schools,
14and with respect to the principals, teachers and other school
15staff there employed, the same powers which are exercisable by
16local school councils with respect to the other attendance
17centers, principals, teachers and school staff within the
18district, together with all powers and duties generally
19exercisable by the board of education with respect to all
20attendance centers within the district. The board of education
21shall develop appropriate alternative methods for involving
22parents, community members and school staff to the maximum
23extent possible in all of the activities of those schools, and
24may delegate to the parents, community members and school staff
25so involved the same powers which are exercisable by local
26school councils with respect to other attendance centers.

 

 

HB5328- 50 -LRB098 18972 OMW 54120 b

1(Source: P.A. 96-105, eff. 7-30-09.)
 
2    (105 ILCS 5/34-8.3)  (from Ch. 122, par. 34-8.3)
3    Sec. 34-8.3. Remediation and probation of attendance
4centers.
5    (a) The general superintendent shall monitor the
6performance of the attendance centers within the district and
7shall identify attendance centers, pursuant to criteria that
8the board shall establish, in which:
9        (1) there is a failure to develop, implement, or comply
10    with a school improvement plan;
11        (2) there is a pervasive breakdown in the educational
12    program as indicated by factors, including, but not limited
13    to, the absence of improvement in student reading and math
14    achievement scores, an increased drop-out rate, a
15    decreased graduation rate, and a decrease in rate of
16    student attendance;
17        (3) (blank); or
18        (4) there is a failure or refusal to comply with the
19    provisions of this Act, other applicable laws, collective
20    bargaining agreements, court orders, or with Board rules
21    which the Board is authorized to promulgate.
22    (b) If the general superintendent identifies a
23nonperforming school as described herein, he or she shall place
24the attendance center on remediation by developing a
25remediation plan for the center. The purpose of the remediation

 

 

HB5328- 51 -LRB098 18972 OMW 54120 b

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

 

 

HB5328- 52 -LRB098 18972 OMW 54120 b

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

 

 

HB5328- 53 -LRB098 18972 OMW 54120 b

1each year. If academic achievement tests are used as the factor
2for placing a school on probation, the general superintendent
3shall consider objective criteria, not just an increase in test
4scores, in deciding whether or not a school shall remain on
5probation. These criteria shall include attendance, test
6scores, student mobility rates, poverty rates, bilingual
7education eligibility, special education, and English language
8proficiency programs, with progress made in these areas being
9taken into consideration in deciding whether or not a school
10shall remain on probation.
11    (f) Where the board has reason to believe that violations
12of civil rights, or of civil or criminal law have occurred, or
13when the general superintendent deems that the school is in
14educational crisis it may take immediate corrective action,
15including the actions specified in this Section, without first
16placing the school on remediation or probation. Nothing
17described herein shall limit the authority of the board as
18provided by any law of this State. The board shall develop
19criteria governing the determination regarding when a school is
20in educational crisis. Such criteria shall be delivered to each
21local school council on or before August 1 of each year. An
22action under subsection (d) of this Section shall be subject to
23veto by a supermajority of 8 of the voting members of the local
24school council.
25    (g) All persons serving as subdistrict superintendent on
26May 1, 1995 shall be deemed by operation of law to be serving

 

 

HB5328- 54 -LRB098 18972 OMW 54120 b

1under a performance contract which expires on June 30, 1995,
2and the employment of each such person as subdistrict
3superintendent shall terminate on June 30, 1995. The board
4shall have no obligation to compensate any such person as a
5subdistrict superintendent after June 30, 1995.
6    (h) The general superintendent shall, in consultation with
7local school councils, conduct an annual evaluation of each
8principal in the district pursuant to guidelines promulgated by
9the Board of Education.
10(Source: P.A. 96-105, eff. 7-30-09.)
 
11    (105 ILCS 5/34-8.4)
12    Sec. 34-8.4. Intervention. The Chicago Schools Academic
13Accountability Council may recommend to the Chicago School
14Reform Board of Trustees that any school placed on remediation
15or probation under Section 34-8.3 or schools that for the 3
16consecutive school years of 1992-1993, 1993-1994, and
171994-1995 have met the State Board of Education's category of
18"does not meet expectations" be made subject to intervention
19under this Section 34-8.4. In addition to any powers created
20under this Section, the Trustees shall have all powers created
21under Section 34-8.3 with respect to schools subjected to
22intervention.
23    Prior to subjecting a school to intervention, the Trustees
24shall conduct a public hearing and make findings of facts
25concerning the recommendation of the Chicago Schools Academic

 

 

HB5328- 55 -LRB098 18972 OMW 54120 b

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

 

 

HB5328- 56 -LRB098 18972 OMW 54120 b

1responsibilities of the local school council for a school
2subject to intervention until the new local school council
3members are elected and trained.
4    Any action authorized by this Section must be vetoed by a
5supermajority vote of 8 of the voting members of the local
6school council for the attendance center affected by the
7action.
8    Each school year, 5% of the supplemental general State aid
9funds distributed to a school subject to intervention during
10that school year under subsection 5(i)(1)(a) of part A of
11Section 18-8 or subsection (H) of Section 18-8.05 shall be used
12for employee performance incentives. The Trustees shall
13prepare a report evaluating the results of any interventions
14undertaken pursuant to this Section and shall make
15recommendations concerning implementation of special programs
16for dealing with underperforming schools on an ongoing basis.
17This report shall be submitted to the State Superintendent of
18Education and Mayor of the City of Chicago by January 1, 1999.
19(Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97;
2090-548, eff. 1-1-98.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.

 

 

HB5328- 57 -LRB098 18972 OMW 54120 b

1 INDEX
2 Statutes amended in order of appearance
3    105 ILCS 5/2-3.25dfrom Ch. 122, par. 2-3.25d
4    105 ILCS 5/27A-5
5    105 ILCS 5/34-2.1from Ch. 122, par. 34-2.1
6    105 ILCS 5/34-2.2from Ch. 122, par. 34-2.2
7    105 ILCS 5/34-2.3from Ch. 122, par. 34-2.3
8    105 ILCS 5/34-2.3b
9    105 ILCS 5/34-2.4bfrom Ch. 122, par. 34-2.4b
10    105 ILCS 5/34-8.3from Ch. 122, par. 34-8.3
11    105 ILCS 5/34-8.4