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90_HB1702enr
105 ILCS 5/14-9.01 from Ch. 122, par. 14-9.01
Amends the School Code. Makes a change in punctuation
and adds a gender neutral reference to provisions relating to
qualifications of personnel who teach classes or programs
authorized by the Article of the School Code relating to
children with disabilities.
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1 AN ACT to amend the School Code by changing Section
2 34-2.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing Section
6 34-2.1 as follows:
7 (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
8 Sec. 34-2.1. Local School Councils - Composition -
9 Voter-Eligibility - Elections - Terms.
10 (a) A local school council shall be established for each
11 attendance center within the school district. Each local
12 school council shall consist of the following 11 voting
13 members: the principal of the attendance center, 2 teachers
14 employed and assigned to perform the majority of their
15 employment duties at the attendance center, 6 parents of
16 students currently enrolled at the attendance center and 2
17 community residents. Neither the parents nor the community
18 residents who serve as members of the local school council
19 shall be employees of the Board of Education. In each
20 secondary attendance center, the local school council shall
21 consist of 12 voting members -- the 11 voting members
22 described above and one full-time student member, appointed
23 as provided in subsection (m) below. In the event that the
24 chief executive officer of the Chicago School Reform Board of
25 Trustees determines that a local school council is not
26 carrying out its financial duties effectively, the chief
27 executive officer is authorized to appoint a representative
28 of the business community with experience in finance and
29 management to serve as an advisor to the local school
30 council for the purpose of providing advice and assistance to
31 the local school council on fiscal matters. The advisor
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1 shall have access to relevant financial records of the local
2 school council. The advisor may attend executive sessions.
3 The chief executive officer shall issue a written policy
4 defining the circumstances under which a local school council
5 is not carrying out its financial duties effectively.
6 (b) Within 7 days of January 11, 1991, the Mayor shall
7 appoint the members and officers (a Chairperson who shall be
8 a parent member and a Secretary) of each local school council
9 who shall hold their offices until their successors shall be
10 elected and qualified. Members so appointed shall have all
11 the powers and duties of local school councils as set forth
12 in this amendatory Act of 1991. The Mayor's appointments
13 shall not require approval by the City Council.
14 The membership of each local school council shall be
15 encouraged to be reflective of the racial and ethnic
16 composition of the student population of the attendance
17 center served by the local school council.
18 (c) Beginning with the 1995-1996 school year and in
19 every even-numbered year thereafter, the Board shall set
20 second semester Parent Report Card Pick-up Day for Local
21 School Council elections and may schedule elections at
22 year-round schools for the same dates as the remainder of the
23 school system. Elections shall be conducted as provided
24 herein by the Board of Education in consultation with the
25 local school council at each attendance center.
26 (d) Beginning with the 1995-96 school year, the
27 following procedures shall apply to the election of local
28 school council members at each attendance center:
29 (i) The elected members of each local school
30 council shall consist of the 6 parent members and the 2
31 community resident members.
32 (ii) Each elected member shall be elected by the
33 eligible voters of that attendance center to serve for a
34 two-year term commencing on July 1 immediately following
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1 the election described in subsection (c). Eligible
2 voters for each attendance center shall consist of the
3 parents and community residents for that attendance
4 center.
5 (iii) Each eligible voter shall be entitled to cast
6 one vote for up to a total of 5 candidates, irrespective
7 of whether such candidates are parent or community
8 resident candidates.
9 (iv) Each parent voter shall be entitled to vote in
10 the local school council election at each attendance
11 center in which he or she has a child currently enrolled.
12 Each community resident voter shall be entitled to vote
13 in the local school council election at each attendance
14 center for which he or she resides in the applicable
15 attendance area or voting district, as the case may be.
16 (v) Each eligible voter shall be entitled to vote
17 once, but not more than once, in the local school council
18 election at each attendance center at which the voter is
19 eligible to vote.
20 (vi) The 2 teacher members of each local school
21 council shall be appointed as provided in subsection (l)
22 below each to serve for a two-year term coinciding with
23 that of the elected parent and community resident
24 members.
25 (vii) At secondary attendance centers, the voting
26 student member shall be appointed as provided in
27 subsection (m) below to serve for a one-year term
28 coinciding with the beginning of the terms of the elected
29 parent and community members of the local school council.
30 (e) The Council shall publicize the date and place of
31 the election by posting notices at the attendance center, in
32 public places within the attendance boundaries of the
33 attendance center and by distributing notices to the pupils
34 at the attendance center, and shall utilize such other means
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1 as it deems necessary to maximize the involvement of all
2 eligible voters.
3 (f) Nomination. The Council shall publicize the opening
4 of nominations by posting notices at the attendance center,
5 in public places within the attendance boundaries of the
6 attendance center and by distributing notices to the pupils
7 at the attendance center, and shall utilize such other means
8 as it deems necessary to maximize the involvement of all
9 eligible voters. Not less than 2 weeks before the election
10 date, persons eligible to run for the Council shall submit
11 their name and some evidence of eligibility to the Council.
12 The Council shall encourage nomination of candidates
13 reflecting the racial/ethnic population of the students at
14 the attendance center. Each person nominated who runs as a
15 candidate shall disclose, in a manner determined by the
16 Board, any economic interest held by such person, by such
17 person's spouse or children, or by each business entity in
18 which such person has an ownership interest, in any contract
19 with the Board, any local school council or any public school
20 in the school district. Each person nominated who runs as a
21 candidate shall also disclose, in a manner determined by the
22 Board, if he or she ever has been convicted of any of the
23 offenses specified in subsection (c) of Section 34-18.5;
24 provided that neither this provision nor any other provision
25 of this Section shall be deemed to require the disclosure of
26 any information that is contained in any law enforcement
27 record or juvenile court record that is confidential or whose
28 accessibility or disclosure is restricted or prohibited under
29 Section 1-7 or 1-8 of the Juvenile Court Act of 1987. Failure
30 to make such disclosure shall render a person ineligible for
31 election to the local school council. The same disclosure
32 shall be required of persons under consideration for
33 appointment to the Council pursuant to subsections (l) and
34 (m) of this Section.
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1 (g) At least one week before the election date, the
2 Council shall publicize, in the manner provided in subsection
3 (e), the names of persons nominated for election.
4 (h) Voting shall be in person by secret ballot at the
5 attendance center between the hours of 6:00 a.m. and 7:00
6 p.m.
7 (i) Candidates receiving the highest number of votes
8 shall be declared elected by the Council. In cases of a tie,
9 the Council shall determine the winner by lot.
10 (j) The Council shall certify the results of the
11 election and shall publish the results in the minutes of the
12 Council.
13 (k) The general superintendent shall resolve any
14 disputes concerning election procedure or results and shall
15 ensure that, except as provided in subsections (e) and (g),
16 no resources of any attendance center shall be used to
17 endorse or promote any candidate.
18 (l) Beginning with the 1995-1996 school year and in
19 every even numbered year thereafter, the Board shall appoint
20 2 teacher members to each local school council. These
21 appointments shall be made in the following manner:
22 (i) The Board shall appoint 2 teachers who are
23 employed and assigned to perform the majority of their
24 employment duties at the attendance center to serve on
25 the local school council of the attendance center for a
26 two-year term coinciding with the terms of the elected
27 parent and community members of that local school
28 council. These appointments shall be made from among
29 those teachers who are nominated in accordance with
30 subsection (f).
31 (ii) A non-binding, advisory poll to ascertain the
32 preferences of the school staff regarding appointments of
33 teachers to the local school council for that attendance
34 center shall be conducted in accordance with the
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1 procedures used to elect parent and community Council
2 representatives. At such poll, each member of the school
3 staff shall be entitled to indicate his or her preference
4 for up to 2 candidates from among those who submitted
5 statements of candidacy as described above. These
6 preferences shall be advisory only and the Board shall
7 maintain absolute discretion to appoint teacher members
8 to local school councils, irrespective of the preferences
9 expressed in any such poll.
10 (m) Beginning with the 1995-1996 school year, and in
11 every year thereafter, the Board shall appoint one student
12 member to each secondary attendance center. These
13 appointments shall be made in the following manner:
14 (i) Appointments shall be made from among those
15 students who submit statements of candidacy to the
16 principal of the attendance center, such statements to be
17 submitted commencing on the first day of the twentieth
18 week of school and continuing for 2 weeks thereafter.
19 The form and manner of such candidacy statements shall be
20 determined by the Board.
21 (ii) During the twenty-second week of school in
22 every year, the principal of each attendance center shall
23 conduct a non-binding, advisory poll to ascertain the
24 preferences of the school students regarding the
25 appointment of a student to the local school council for
26 that attendance center. At such poll, each student shall
27 be entitled to indicate his or her preference for up to
28 one candidate from among those who submitted statements
29 of candidacy as described above. The Board shall
30 promulgate rules to ensure that these non-binding,
31 advisory polls are conducted in a fair and equitable
32 manner and maximize the involvement of all school
33 students. The preferences expressed in these
34 non-binding, advisory polls shall be transmitted by the
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1 principal to the Board. However, these preferences shall
2 be 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
5 any such poll.
6 (iii) For the 1995-96 school year only,
7 appointments shall be made from among those students who
8 submitted statements of candidacy to the principal of the
9 attendance center during the first 2 weeks of the school
10 year. The principal shall communicate the results of any
11 nonbinding, advisory poll to the Board. These results
12 shall be advisory only, and the Board shall maintain
13 absolute discretion to appoint student members to local
14 school councils, irrespective of the preferences
15 expressed in any such poll.
16 (n) The Board may promulgate such other rules and
17 regulations for election procedures as may be deemed
18 necessary to ensure fair elections.
19 (o) In the event that a vacancy occurs during a member's
20 term, the Council shall appoint a person eligible to serve on
21 the Council, to fill the unexpired term created by the
22 vacancy, except that any teacher vacancy shall be filled by
23 the Board after considering the preferences of the school
24 staff as ascertained through a non-binding advisory poll of
25 school staff.
26 (p) If less than the specified number of persons is
27 elected within each candidate category, the newly elected
28 local school council shall appoint eligible persons to serve
29 as members of the Council for two-year terms.
30 (q) The Board shall promulgate rules regarding conflicts
31 of interest and disclosure of economic interests which shall
32 apply to local school council members and which shall require
33 reports or statements to be filed by Council members at
34 regular intervals with the Secretary of the Board. Failure
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1 to comply with such rules or intentionally falsifying such
2 reports shall be grounds for disqualification from local
3 school council membership. A vacancy on the Council for
4 disqualification may be so declared by the Secretary of the
5 Board. Rules regarding conflicts of interest and disclosure
6 of economic interests promulgated by the Board shall apply to
7 local school council members in addition to the requirements
8 of the Illinois Governmental Ethics Act applicable to local
9 school council members.
10 (r) If a parent member of a Local School Council ceases
11 to have any child enrolled in the attendance center governed
12 by the Local School Council due to the graduation or
13 voluntary transfer of a child or children from the attendance
14 center, the parent's membership on the Local School Council
15 and all voting rights are terminated immediately as of the
16 date of the child's graduation or voluntary transfer.
17 Further, a local school council member may be removed from
18 the Council by a majority vote of the Council as provided in
19 subsection (c) of Section 34-2.2 if the Council member has
20 missed 3 consecutive regular meetings, not including
21 committee meetings, or 5 regular meetings in a 12 month
22 period, not including committee meetings. Further, a local
23 school council member may be removed by the council by a
24 majority vote of the council as provided in subsection (c) of
25 Section 34-2.2 if the council determines that a member failed
26 to disclose a conviction of any of the offenses specified in
27 subsection (c) of Section 34-18.5 as required in subsection
28 (f) of this Section 34-2.1. A vote to remove a Council member
29 shall only be valid if the Council member has been notified
30 personally or by certified mail, mailed to the person's last
31 known address, of the Council's intent to vote on the Council
32 member's removal at least 7 days prior to the vote. The
33 Council member in question shall have the right to explain
34 his or her actions and shall be eligible to vote on the
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1 question of his or her removal from the Council. The
2 provisions of this subsection shall be contained within the
3 petitions used to nominate Council candidates.
4 (Source: P.A. 88-511; 88-686, eff. 1-24-95; 89-15, eff.
5 5-30-95; 89-369, eff. 8-18-95; 89-626, eff. 8-9-96; 89-636,
6 eff. 8-9-96.)
7 Section 99. Effective date. This Act takes effect upon
8 becoming a law.